mence a suit, unless the debt be paid within four months, or unless the court shall think reasonable an excuse made by the administrator within one month after the lapse of the said four months for not bringing suit; and on failure to bring such suit, the party shall be liable on his administrative bond.

SEC. 21. The bare naming of an exccutor in a will shall not operate to extinguish any just claim against him, but he shall give in the same in the list of debts, and on failure he shall be proceeded against in the manner hereinbefore directed with respect to administrators not returning all the assets of their decedents.

SEC. 22. An inventory of the property of a decedent may be dispensed with in accordance with the provisions hereinafter contained in sections fourteen and fifteen of chapter fifty-eight.

CHAPTER 57.

SALES OF ASSETS BY ADMINISTRATOR, AND PAYMENTS OF CLAIMS AGAINST THE ESTATE OF DECEASED.

SECTION

1. Sales of decedent's personal estate;

when ordered by orphans' court.

2. Terms of sale.

3. In case of collusion, &c., administrator to account for deficiency.

4. Growing crops may be finished or sold, and how.

5. Sales of real estate by executor to be confirmed by orphans' court.

6. Administrator not to pay claim against
decedent unless passed by orphans'
court or proved.

7. Effect of court passing such claim.
8. The register to record all claims passed,
and effect of.

9. Claims not passed to be proved.

10. Judgment; how proved.

11. Claim of surety; how proved.

12. Bond, note, bill of exchange, &c.; how
proved.

13. Same; all assignors to make oath.
14. Protest of bill of exchange.
15. Claim for rent; how proved.

16. Claim on open account; how proved.

SECTION 1. The orphans' court may direct a sale of decedent's personal estate, or any part thereof, whenever an administrator shall not have money to discharge the just claims against the estate, or whenever the court shall deem a sale advantageous to the persons interested in the administration.

SEC. 2. The orphans' court shall prescribe the terms of sale: provided, however, that when credit is given, it shall in no case exceed four months, and that bond, or note, with security or endorsement, shall always be taken.

SEC. 3. The court shall have power, in case of fraud, collusion, or improper management at such sale, to compel the administrator to account for all such deficiencies as may have arisen from his misconduct, always observing the inventory as the rule for ascertaining such deficiency.

SEC. 4. An administrator shall finish the growing crops begun by his decedent, or sell the same. If he finish them, he shall be allowed all the expenses thereof, and shall account for all the proceeds; if he sell, he shall give the person entitled to the land the privilege of taking the crops at the appraised value, for cash, notes, or bonds taken in conformity with preceding section number two, and if the person so entitled to elect refuse to take the crops, the administrator shall sell to any other person, on the same terms, and he may, with the sanction of the orphans' court, sell below the appraised value.

SEC. 5. Every sale of real estate made by an administrator with the will annexed, or an executor under the will of a decedent, shall be reported to the orphans' court, and, unless confirmed therein, shall be void. No sale shall be confirmed by the orphans' court until such notice, by publication, be given, as the court may direct, or until all the parties interested in the same shall consent in writing.

SEC. 6. An administrator shall pay no claim against his decedent, or be allowed therefor in his accounts, unless such claim has been passed by the orphans' court, or has been proved according to the following rules:

SEC. 7. The orphans' court may pass any claim against a decedent

it may deem just, and the same shall be full authority to an administrator to pay it, but shall not compel him so to do. The adminis trator may, notwithstanding such sanction, refuse to pay the claim, and contest the same, when the claim shall be proved in the same manner as if no such sanction had been given.

SEC. 8. The register of wills shall enter upon the records of the court the passage of each claim, with the name of the creditor, the character of the claim, in brief, and the amount thereof. Such entry shall be indexed in the name of the decedent, and shall be deemed notice to the administrator of the existence of the claim.

SEC. 9. Claims not passed by the orphans' court shall be proved, in the manner hereinafter directed, before an administrator shall pay the

same.

SEC. 10. The voucher or proof of a judgment shall be a short copy thereof, under seal, attested by the clerk or register of the court where it was obtained, who shall certify that there is no entry or proceeding in the court to show that such judgment has been satisfied. There shall likewise be a certificate, by some person authorized to administer an oath, endorsed on or annexed to a statement of the debt due on such judgment, that the creditor, since the death of the decedent, hath taken before him the following oath, to wit: "That he hath not received any part of the sum for which the judgment was passed, except such part (if any) as is credited;" and if the creditor, on a judgment, be an assignee of the person who obtained it, the oath shall say further, "and that to the best of his knowledge and belief no other person hath received any part of the said sum, except what (if any) is credited." And an assignee shall also produce the assignment under the hand of the assignor, and if there be more than one assignment, such assignment shall be produced under the hand of the party.

SEC. 11. If a surety shall have discharged a judgment against the decedent, he shall be considered as the judgment creditor, and in case the plaintiff who obtained the judgment shall not have assigned the same, as he ought to do, to the surety, a receipt from him, given to the surety, shall be considered equivalent to an assignment.

SEC. 12. In case of a specialty, bond, note, or bill of exchange, the vouchers shall be the instrument of writing itself, or a proved copy in case it be lost, with a certificate of the oath made as aforesaid,

since the death of the decedent, and endorsed on or annexed to the instrument, or a statement of the claim, "that no part of the money intended to be secured by such instrument hath been received, or any security or satisfaction given for the same, except what (if any) is credited."

SEC. 13. If the creditor on such instrument be an assignee, there shall be the same oath of the original creditor with respect to the time of assignment, and in case of successive assignees, there shall be the same oath taken by each with respect to the time of each respective assignment.

SEC. 14. In case of a bill of exchange, the protest and other things which would be required if the decedent were alive, shall be necessary to justify an administrator in paying the same.

SEC. 15. If the claim be for rent, there shall be produced the lease itself, or the deposition of some credible witness, or an acknowledgment in writing of the decedent establishing the contract, and the time which has elapsed during which rent was chargeable, and a statement of the sum due for such rent, with an oath of the creditor endorsed thereon, "that no part of the sum due for said rent or any security or satisfaction for the same has been received, except what (if any) is credited ;" and if the creditor be an assignee, there shall be the same oath of the original creditor with respect to the time of assignment.

SEC. 16 The voucher or proof of any claim on open account shall be the affidavit of any disinterested credible witness, to the delivery or payment of any money, or the delivery or sale of any goods, wares, or merchandise, or the performance of any work, labor, or service, or any other matter properly chargeable in account, and the price or value of the same, and also the certificate of an oath taken by the creditor as aforesaid since the death of the decedent, endorsed on or annexed to the account, "that the account is just and true, and that he hath not received any part of the money stated to be due, or any security or satisfaction for the same, except what (if any) is credited."

SEC. 17. If the claim arise on a bond, note, or bill of exchange, or account for dealing with a factor, and the principal be out of the District, the factor who took the said bond, note, or bill, or who sold or delivered the articles in the account, may make oath, to be certi

fied as aforesaid, and endorsed on a statement of the money due thereon, that the said statement is just and true, and that he (the deponent) took the said bond, or note, or bill, or delivered the articles charged in the account, as factor to, living in (or lately of)

and that neither he the deponent, nor the principal, nor any other person for him or the principal, to his knowledge or belief, hath received any part of the money originally due on such bond, note, bill, or account, or any security or satisfaction for the same, except what (if any) is credited ;" and the said oath, with the other respective vouchers and proofs as aforesaid, shall authorize the administrator in making payment or dividend.

SEC. 18. If the factor aforesaid be dead or out of the District, and the principal be also out of the District, and, in case of account, it shall appear that the same has been proved by a disinterested credible witness, as provided in preceding section sixteen of this chapter, an oath of any other factor, made after the death of the decedent, and certified and endorsed on the statement as aforesaid, "that the said bond, note, bill, or account, came into his hands as factor for the creditor, residing in -, after the death (or removal) of

the factor who took the said bond, note, bill, or delivered the articles in the account; that he has reason to believe, and does believe, that the said statement is just and true, and that no part of the money originally due on such bond, note, bill, or account, or any security or satisfaction for the same, hath been received, except what (if any) is credited;" with the other respective vouchers or proofs as aforesaid shall authorize the administrator in making payment or dividend.

SEC. 19. When any affidavit or deposition to prove claims shall have been taken out of this District, the same shall be good, if taken and certified as aforesaid by the notary of the place, or by some person there authorized to administer oaths, and certified to be such under the seal of the governor, or mayor, chief magistrate, or clerk of any court of record, or notary public of such place.

SEC. 20. If the creditor be an administrator, the claim shall not be allowed, although proved as before provided, unless he make oath, to be certified as aforesaid, "that it does not appear from any book or writing of his decedent that any part of the said claim has been discharged, except what (if any) is credited ;" and shall also have had such claim passed by the orphans' court.