1838.

LAWS OF MARYLAND.

CHAP. 329.

Ascertain damages.

Sec. 3. And be it enacted, That the commissioners,
or a majority of them, shall value and ascertain the
damages, if any, which the owner of the land through
which said road will pass, which damages should any
be assessed, shall be levied and collected as other coun-
ty charges are, and paid over to the owner or to the
proper person.

Oath required.

Sec. 4. And be it enacted, That the said commission-
ers, before they shall proceed to act, shall take, an

oath or affirmation before some justice of the peace,

that they will, without favor, partiality or prejudice,
assess the damages, if any, sustained by the person
through whose land the said road will pass.

CHAPTER S29.

Passed April 2,
1838.

A supplement to the act, entitled, an act to restrain the
rigor of prosecutions on testamentary or administra-
tion, bonds, paused October session, seventeen hundred
and twenty, chapter twenty four.

Persons having

claims.

Be it enacted by the General Assembly of Maryland,
That any person or persons having any claim, or de-
mand, or damages against a deceased person or against
the executor or adminisirator as such of said deceased,
shall be authorised to sue the said administrator, or
executor, in the county where the said administrator
or executor may have taken, out letters on said estate,

On return of non

est inventus.

and upon a return of non est inventus on a writ of
capias ad respondendum against said administrator or

Or nulla bona.

executor, or a return of nulla bono, on a writ of fieri
facias, against said administrator or executor, in the
county in which said suit is brought, the bond of said

Bond of adminis-

trator may be sued.

administrator or executor, may be put in suit, in the
name of the State for the use of such creditor or cred-

itors, and recovery be had thereon in the same man-

ner as debts are now recovered by suit on such bonds.