SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

authorised, on the application of the administrator, de bonis non,
to pass an order directing the executor or executors, administra-
tor or administrators, as the case may be, of the deceased executor
or administrator, on or before a certain day in the said order to
be named, to deliver over to the administrator de bonis non all the
bonds, notes, accounts, and evidence of debt, which the deceased
executor or administrator may have taken, received, or had as
executor or administrator, at the time of his death, and also to
pay over to the said administrator de bonis non all the money in
the hands of such deceased executor or administrator as such, at
the time of his death, and upon proof made to the said court of
the service of such order, and upon the neglect or refusal of the
executor or executors, administrator or administrators, to com-
ply therewith by the time specified in the said order, the orphans
court may pass an order directing the testamentary or adminis-
tration bond of such deceased executor or administrator, or of the
executor or executors, administrator or administrators, so refu-
sing as aforesaid, or both of them, as the case may require, to be
put in suit, the said suit or suits to be entered for the use of such
administrator de bonis non.

CHAP. 174.

4. And be it enacted, That it shall be the duty of the executor
or administrator of such deceased executor or administrator, to
return upon oath, to the orphans court, on or before the day
named in the order aforesaid, a list of the notes, bonds, accounts,
and money aforesaid, as far as he can ascertain the same.

To return to or-
phan court a lot
of notes, &c.

5. And be it enacted, That the bonds, notes or accounts, that
may be delivered to him as aforesaid, when collected, and the
money paid over to him as aforesaid, shall be assets in his hands
to be accounted for by him as such.

Such bonds, &c.
to be assets and to
be accounted for.

6. And be it enacted, That if the executor or executors, ad-
ministrator or administrators, of the deceased executor or admi-
nistrator, shall return the list of notes, bonds, accounts and mo-
ney, herein before directed, in the manner herein directed, such
executor or executors, administrator or administrators, shall bo
allowed to retain out of the money, notes, bonds or accounts,
such commission as the court in their discretion may think pro-
per to allow, not exceeding ten per cent on the principal invento-
ry, to be accounted for by such executor or executors, adminis-
trator or administrators, in the settlement of the estates of their
respective testator or intestate; and if the said executor or ex-
ecutors, administrator or administrators, shall neglect or refuse to
return such list, no deduction shall be made on account of such
commission from the damages to be recovered as aforesaid by the
administrator de bonis non, and the executor or executors, admi-
nistrator or administrators, so neglecting or refusing, shall be
bound nevertheless to account for the commission so lost by his,
her or their default, in the. settlement of the estate of 4iis, her, or
their testator or intestate, as the case may be, and his, her, or
their bond, shall be liable to be sued therefor.

Upon return of
notes &c. to retain
commission out of
the same, &c.

7. And be it enacted, That every executor and administrator
heretofore appointed, may in his, her, or their discretion, within
one year after the passage of this act, and every executor and ad-
ministrator hereafter appointed may, within one year after the
date of his, her, or their letters, return to the orphans court a list

Executor, &c may
within one year
return a list of the
debt, due, &c.