Page:United States Statutes at Large Volume 31.djvu/1294

1242 FIFTY-sixr11 CONGRESS. Sess. 11. cn. 854. rem. €,fg;‘§1§;jg“;§c_¤g°i¤S* Sec. 328. JUDGMENTS AGAINST nxncrrroas, AND so romJH.—If the ` verdict of the jury in any suit against an executor or administrator be against such executor or administrator, or if he shall be willin to confess judgment, and the debt or damages which the- deceased of he or she were alive) ought to pay be ascertained by verdict, or confession, or otherwise, the court shall thereupon assess the sum which the executor or administrator ought to pay, regard being had to the amount of assets in his hands and the debts due to other persons; and if it shall appear to the court that there are assets to dischar e all just claims against the deceased, the judgment shall be for the wiole debt or damages found by the jury, or confessed, or otherwise ascertained, and —i¤s¤¤i¤is¤¢ assets. costs; and if it shall ap ear to the court that there are not assets to em . discharge all such just claims, the judgment shall be for such sum only as bears a just proportion to the amountof the debt or damages and costs, regard being had to the amount of all the just claims an of the assets——that is to say, as the amount of all the said claims shall be to the assets, so shall the amount of the said debt or damages and costs , be to the sum required, for which judgment is to be given. J“gd€*ggQ§ Qgf1;°}g§ And in no case shall the court proceed to assess as aforesaid and to hiidg account has ex- pass such judgment against an executor or administrator until the mm ‘ time limited by law or by] the court for the executor or administrator §;°ggf,Qbr,S Oath of to pass his account shall ave expired: Provided, That the said execi¤su¤icie¤wssets,etc· utor or administrator shall make oath (or affirmation, as the case may require) that he hath not assets to discharge all such just claims; and the account settled by the probate court, in which the debt or damages sued for ought to be stated, shall be evidence to show the amount of assets and claims; and the court shall have power, when the real debt or damages are ascertained, to refer the matter to an auditor to ascerr tain the sum for which judgment shall be given; and in case the judgment shall be for a sum inferior to the real debt or damage and costs, it shall go on and say "that the plaintiff be entitled to such further_ sum as the court shall hereafter assess on discovery of further assets in the hands of the defendant;" and the court, at any time afterwards, when applied to by the plaintiff, on three days’ notice to the defendant or his attorney, may assess and give judgment for such further proortionable sum as the plaintiff shall appear entitled to, regard being had as aforesaid to the amount of the ebt and other claims; and on any judgment passed as aforesaid a fieri facias may tissue against the defendant, and either his own goods or the goods of the deceased may be thereupon taken and sold, and it shall be the duty of the executor or administrator to discharge said judgment or put it on a footing with other just claims, and on failure his administration bond may be put in suit by the plaintiff. _ q egsrggg gésggrggé Sec. 329. FOREIGN Exncutroas AND ADMINISTRATORS.·—Il3 shall be District. lawful for any erson or persons to whom letters testamentary or of administration have been granted by the proper authority in any of the United States or the Territories thereof to maintain any suit or action and ·to prosecute and recover any claim in the District in the same manner as if the letters testamentary or of administration had been granted to such person or persons by the proiper authority in the said District; and the letters testamentary or o administration, or a co y thereof certified under the seal of the authority granting the same, slhall be sufficient evidence to prove the granting] thereof, and that the person or persons, as the case may be, hath or ave adminis- _§_j;>1%#¤& em tration: Provided, nevertheless, That the probate court of the District ’shall have the power, upon the petition of anyone interested, to require from such person or persons the security required by law in like cases from a resident administrator or executor, or the said court may grant auxiliary or ancillary letters, as the case may require, to the same or other persons.