1802.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
CI.

has been no full or final account passed by the orphans court, he shall nevertheless proceed to mar-
shal the assets, and ascertain as aforesaid, from the papers which may be produced to him, unless it
shall be made appear to him, by a certificate from the orphans court, that there has been good cause
why such full or final account has not been passed by such executor or administrator.

Crop consider-
ed as assets,
&c.

II. AND BE IT ENACTED, That the crop growing on the land of any deceased person at the time
of his or her death, except where the land is devised, shall be considered, and is hereby dectared,
to be assets in the hands of an executor or administrator, and shall be inctuded in the inventory t»
be taken and returned according to the original act,

Persons ag-
grieved may ap-
peal, &c.

III. AND BE IT ENACTED, That any person who may conceive him or herself aggrieved by a
judgment, decree, decision or order, of the orphans court, may appeal to the county court of the
county where such judgment, decision or order, may be made, and that on such appeal the county
court shall have the same power, jurisdiction and authority, that the general court or chancery court
would have had on an appeal to either of those courts under the original act, provided nevertheless,
that nothing herein contained shall be construed to affect the right of appeal from the orphans
court to the court of chancery or general court, as allowed by the act to which this is a supple-
ment.

Registers may
pass accounts,
&c.

IV. AND BE IT ENACTED , That the registers of wills in their respective counties, in the recess
of the orphans court, shall and they are hereby authorised and empowered to pass any account
against the estate of any deceased person where the amount of such account or ctaim doth not ex-
ceed the sum of fifty dollars.

Collector may
sue, &c.

V. AND BE IT ENACTED, That in all cases where letters have issued, or hereafter may issue, to
any person to collect and preserve the estate of a deceased person, it shall and may be lawful for
such collector, after complying with the requisites prescribed by the said original act, to bring suits
for the recovery of debts, or other property of the deceased, in the same manner as an executor or
aHministrator might or could do, and that the property recovered or received by the collector shall
be delivered to the person obtaining the letters testamentary or of administration, and in case of
neglect or refusal, such collector may be proceeded against in the same manner as prescribed by said
act, provided, that in case such letters shall be revoked, pending any such action, either by the ex-
press revocation of the court who issued the same, or by the granting of letters testamentary or of
administration on the same estate, there shall be the same proceedings, and the executor or admini-
strator, as the case may be, shall have the same authority and control over any such a6ilon, as in.
cases where the letters testamentary or of administration of any plaintiff are or shall be revoked.

If letters are
revoked, &c.
there shall be
the same pro-
ceedings, &c.

VI. AND BE IT ENACTED, That if any letters testamentary or of administration shall be revoked
by the orphans court, and new letters granted, pending any action at law or in equity against any
person appointed an executor or administrator by such letters so revoked, there shall be the same
proceedings in the action upon the suggestion of such revocation of the letters as is directed by the
act of seventeen hundred and eighty-five, chapter eighty, in cases where the defendant shall have
died pending such action, and in case there had been a judgment rendered previous to the revocation
of the letters, a scire facias shall issue upon such judgment against the proper executor or admini-
strator, suggesting the revocation of the letters of the former executor or administrator, and there
shall be the same proceedings as in ordinary cases against executors and administrators, but if the
letters testamentary or of administration oi the plaintiff be revoked pending such action, or after
judgment as aforesaid, there shall be the same proceedings as is provided by the fourth section of the
fifth chapter of the act to which this is a supplement.

On judgment,
&c. scire facias
may issue, &c.

VII. AND BE IT ENACTED, That in case a judgment shall be obtained against any executor or
administrator, made a defendant as aforesaid, and it shall not be found by the jury that such execu-
tor or administrator has assets sufficient to discharge the same, the plaintiff in such judgment may
also issue a scire facias on such judgment against the executor or administrator whose letters have
been revoked as aforesaid, suggesting that such executor or administrator, as the case may be, did
receive assets of the deceased liable to such judgment, more than was paid over or delivered by such
executor or administrator to the person or persons obtaining the said letters testamentary or of act-
ministration, and in case the same shall be controverted, it shall be ascertained and determined by a
jury, in the same manner as in cases of scire facias, suggesting assets against the second executor or
administrator, and in case of a verdict and judgment being given against such former executor or ad-
ministrator, execution may Issue thereon in the same manner as against other executors or admini-
strators,