ART. 93] DEBTS. 1989

with such further part as shall be due, on further money coming
into hand, to the creditor on demand; and in case the adminis-
trator on demand of a greater sum made by such creditor shall
tender the principal and interest which were due at the time of
such dividend, or the just proportional part thereof, together
with such further proportion as aforesaid of assets, and the
claimant shall notwithstanding bring suit, the administrator at
any time before judgment may bring into court the money so
tendered, or money to an equal amount; and if he shall satisfy
the court that the said sum was really the amount of the prin-
cipal and interest due at the time of such dividend, or of the
proportionable part to which the claimant was entitled at the
dividend, together with such further proportion (if any there
arose), the court shall thereupon give judgment that the sum so
brought in, deducting the costs sustained by the defendant, be
paid to the plaintiff, and the said judgment shall be pleadable
in bar to any action afterwards brought to recover the said debt;
or, in case the administrator shall not tender as aforesaid before
the suit brought, the creditor shall recover no more than the
proportionable part due at the time of the dividend, and such
further proportion as he was entitled to on the coming in of
further assets, with interest on each to the time of judgment.
Pole v. Simmons, 49 Md. 14.

1888, art. 93, sec 104. 1860, art. 93, sec. 105. 1798, ch. 101, sub-ch. 8, sec. 5.
1861, ch. 44. 1888, ch. 262.

103. Executors and administrators shall have full power to
commence and prosecute any personal action whatever, at law
or in equity, which the testator or intestate might have com-
menced and prosecuted, except actions of slander; and they
shall be liable to be sued in any court of law or equity, in any
action (except for slander and injuries to the person) which
might have been maintained against the deceased; and they
shall be entitled to and answerable for costs in the same
manner as the deceased would have been, and shall be allowed
for the same in their accounts, if the court awarding costs
against them shall certify that there were probable grounds
for instituting, prosecuting or defending the action on which a
judgment or decree shall have been given against them. The
words "actions for injury done to the person," hereinbefore
used, shall not be held to embrace actions for illegal arrest,
false imprisonment or violation of the twenty-third, twenty-
sixth, thirty-first and thirty-second articles of the declaration
of rights, or any of them, or of the existing or any future