JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1802.

strators, and the plaintiff may also proceed against the securities in the same manner as against the
securities of an executor or administrator whose letters have not been revoked.

VIII. AND, whereas compelling an executor or administrator to take notice of all judgments and
decrees against the deceased is productive of great inconvenience, as well to the executor or admi-
nistrator as to the other creditors, in as much as he cannot, with safety, pay off other debts, though
the said judgments or decrees may be fully discharged, unless such executor or administrator is in
possession of the receipt or other legal evidence of the payment; and it appearing proper that such
creditors, as to the manner and time of producing their ctaims, should be placed in the same situ-

CHAP.
CC.

ation as others, therefore, BE IT ENACTED, That an executor or administrator shall not be bound
to take notice of or discover any judgment or decree against his or her deceased, but such judgment
or decree creditor shall exhibit his ctaim in the same manner as other creditors, and in ease the same
shall not be exhibited, such ctaim shall be barred in the same manner as if it rested on bond or
simple contract; provided, that nothing herein contained shall extend, or be construed to extend,
to deprive such creditor of the preference given by the original act in cases where the ctaim is in
due time exhibited.

Executor, £c.
not bound, Sec.

IX. AND BE IT ENACTED, That in no case shall the order made by the orphans court, or by the
register of wills, that an account or ctaim will pass when paid, be deemed of validity to establish
such account or ctaim, but in case the executor or administrator thinks fit to contest the same, such
account or ctaim shall derive no validity from the order aforesaid, but shall be proved in the same
manner as if no such order had been made.

Order not to be
of validity, Sec*

\

X. AND BE IT ENACTED, That In all cases where suits have been brought, and are now depend-
ing, against an executor or administrator, the same shall be proceeded on according to the provi-
sions of this act; provided, that to enable such executor or administrator to plead such new matter
or plea as this alteration of the law may require, and to support the same by evidence, it shall be
lawful for the court before whom such suit may be depending to continue such suit until the end of
the third term after the term to which such suit might have been continued before the passage of
this act,

XL AND, whereas the personal property of deceased persons, who have died or shall die intestate,
without leaving representatives within certain degrees of consanguinity by the acts of seventeen
hundred and nineteen, chapter fourteen, and seventeen hundred and twenty-nine, chapter twenty-

Suits brought
to be proceeded
pn, &c.

four, devolved on the free-schools of the county of the deceased, and in most of the counties the
free-schools having been abolished, the executor or administrator of such deceased persons have re-
tained the property to their own use and benefit; BE IT ENACTED, That in all instances where by
law the property of deceased persons would have descended or devolved on the free-schools of any
county, if such free-schools had existed, the same shall be, and it is hereby dectared to be, the
property of the college, if any, in such county, or if none, the property of any school to which the
public aid by law has been or may be extended, and if none, to go to the county where the property
of such person or persons so dying may lie; and that the trustees of the college or school, or the
justices of the levy court, respectively, as the case may be, shall have the same right, power and
authority, to sue for and recover such property, as the visitors, trustees or governors, of any such
free-school might or could have done; saving to the different schools in this state the rights which,
by existing laws, they now respectively possess.

Property dk- ••?
scending, &c.
to belong to th«
college, &c.

XII. AND BE IT ENACTED, That all monies or other property recovered or obtained under this
act, if by a college or school, shall be applied in the sarae manner that other public funds granted
them are to be applied, and if by the levy court, towards the discharge of the levy, or for the sup-
port of schools in the county, as the justices of the court may determine on.

Monies, &c.
low to be ap-
plied.

XIII. AND BE IT ENACTED, That the seventh, eighth and ninth sections of chapter eight, and
such other parts, of the act to which this is a supplement, as are repugnant to the provisions of this
act, be and the same are hereby repealed.

CHAP. CII.

Sections repeal-
ed.

An ACT dectaring part of Bridge-street Continued a public highway,

WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants, of
the county and city of Baltimore, that Bridge-street Continued, Iving within the precincts
of

Passed 9th of
January, 1803,

Preamble,