754 COURTS. [ART. 26

1888, art. 26, sec. 25. 1860, art. 29, sec. 20. 1802, ch. 101, sec. 1.

26. If an administrator conceives that he has not assets suf-
ficient to discharge the claim, or any part thereof for which a
suit shall be brought against him, he may plead the fact and a
trial by jury shall be thereupon had.
Gill v. Staylor, 93 Md. 473.

Ibid. sec. 26. 1860, art.. 29, sec. 21. 1802, ch. 101, sec. 1.

27. If, on any trial so had against an administrator, the debt
or demand of the plaintiff shall be contested, and there be any
other issue joined than upon the subject of assets, the jury,
if they find for the plaintiff upon the issue so joined, and
the amount of assets found by them be less than the debt or
demand of the plaintiff, shall declare the amount of the debt
or demand, and also the sum to be paid by the defendant to
the plaintiff, regard being had to the amount of the assets in
hand, and the debts due from the deceased; and the court
shall thereupon enter judgment against the defendant for the
penalty of the bond or damages laid in the plaintiffs declara-
tion, and costs of suit, if the court shall so direct, to be
released upon payment of the sum ascertained to be paid by
the verdict of the jury, and interest thereon from the time of
rendering the said judgment.
Neale v. Hermanns, 65 Md. 474. Gill v. Staylor, 93 Md. 473.

Ibid. sec. 27. 1860, art 29, sec. 22. 1802, ch. 101, sec. 1.

28. The sum so ascertained shall be levied of the goods and
chattels of the deceased, or of the proper goods and chattels
of the defendant, and the residue of the debt or damages so
ascertained shall be levied of the goods and chattels of the
deceased, which may thereafter come to the hands of the
defendant, to be administered with interest as aforesaid, or of
the proper goods and chattels of the defendant.

Ibid. sec. 26. 1860, art. 29, sec. 23. 1802, ch. 101, sec 1.

29. If such goods and chattels shall thereafter come to the
hands of the defendant as administrator, or into the hands of
any other person who may have authority to administer the
goods of the deceased, the plaintiff may issue on the said
judgment a writ of scire facias, suggesting the coming of assets
to the hands of the administrator, liable to the payment of the
residue of his debt or demand, with interest as aforesaid, so
due, upon which, if the defendant contests the same, there
shall be a trial by jury, as provided in section 26.