ART. 93] DEBTS. 1991

his hands assets proportioned to the amount of the claim,
which assets shall be liable to other claims, or to be delivered
up or distributed in case the claim be not satisfied; and if on
any claim exhibited and disputed as aforesaid, the creditor or
claimant shall not, within nine months after such dispute or
rejection, commence a suit for recovery, the creditor shall be
forever barred; and the administrator may plead this section
in bar, together with the general issue or other plea proper to
bring the merits of the cause to trial; and on any dividend to
be made nine months after such dispute or rejection and
failure to bring suit, the administrator may proceed to pay or
distribute as if he had not knowledge or notice of such claim,
or as if it did not exist; but if the claim be put in suit within
nine months, it may be ascertained by verdict or otherwise,
and the court shall proceed as herein directed, regard being
had to the rules herein laid down as to the notice to be given
by the administrator, and distribution or payment to be made
after such notice.

Peterson's Exrs. v. Ellicott, 9 Md. 53. Monteith's Exr v. Balto. Asso.,
etc., 21 Md. 426. Zollikoffer v. Seth, 44 Md. 359. Orendorff v. Utz, 48 Md.
298. Coburn v. Harris, 53 Md. 367. Ibid., 58 Md. 87. Bradford v. Street,
84 Md. 276.

1888, art. 93, sec. 108. 1860, art. 93, sec. 109. 1798, ch. 101,
sub-ch. 8, sec. 15. 1823, ch. 131, sec. 2.

107. In case all the assets have been paid away, delivered or
distributed as herein directed, and a claim shall afterwards be
exhibited of which the administrator hath not notice by the
exhibition of the claim legally authenticated as herein required,
he shall not be answerable for the same; and if he be sued for
any claim, and shall make it appear to the court in which suit
is brought that he hath so paid away, delivered or distributed,
and the plaintiff cannot prove that the defendant had notice as
aforesaid before such payment, delivery or distribution, the
court shall not proceed to give judgment (although the amount
of the claim against the deceased may be ascertained), until
the plaintiff shall be able to show further assets coming into
the defendant's hands; but if the plaintiff shall prove notice as
aforesaid of the said claim against the defendant, judgment
may immediately be given for such sum as the plaintiff ought
to have received at the dividend, and fieri facias may issue and
have effect, and further judgment may be given on coming in of
further assets.

Zollikoffer v. Seth, 44 Md. 359. Coburn v. Harris, 53 Md. 367. Bona-
parte v State, 63 Md. 465.