deceased and any other person, as they would be if such demands were joint and several, unless it shall appear that it was the intention of the parties that the survivor only should be liable.

SEC. 15. A joint administrator or guardian may have an action of account or assumpsit against the other administrator or guardian who shall refuse to apply the estate in his hands to the discharge of the just demands against the same, or who shall refuse to account therefor, and shall recover the amount thereof to which he shall be entitled.

SEC. 16. Every administrator may prosecute or defend any action pending in any court against the deceased in case the cause of action does by law survive; and in such case any appeal or writ of review to which such deceased person was entitled, or which might be prosecuted against him at the time of his decease, may be prosecuted by or against such administrator.

SEC. 17. If such administrator, having been duly served with a scire facias, shall neglect or refuse to become a party to the suit, judgment may be rendered against the estate of the deceased in the same manner as if the administrator had voluntarily become a party to the suit.

SEC. 18. In all cases where an administrator shall become a party to a suit then pending, he shall be entitled to one continuance of course.

SEC. 19. The administrator may, as such, maintain any action necessary and proper to be brought in relation to real estate set off to him for debts due the estate, and to the real estate of the deceased in cases of insolvency, until the administration is closed.

SEC. 20. The administrator, as such, may prosecute and defend all real actions pending at the decease of the testator or intestate, and may within one year after such decease, bring a review of any real action in which there shall be a right of review at such decease, and prosecute the same for the use of the persons interested in such estate.

SECTION 1. The estate of any person deceased may on application of the administrator be decreed to be administered as an insolvent estate, and one or more persons not exceeding three, shall be appointed commissioners to examine and allow the claims of the creditors against the estate.

SEC. 2. The commissioner shall give notice of the times and places by him appointed to examine and allow such claims, in such manner as the judge shall in his commission direct, and shall in his report state the times and places of meeting and the manner of giving notice thereof, and file in the probate office satisfactory evidence of such notice.

SEC. 3. A time not less than six nor more than nine months from the date of such commission, shall be prescribed by the judge therein, for the creditors to bring in and support their claims against such estate.

SEC. 4. The last session of the commissioner shall be within the last seven days of the time prescribed in his commission.

SEC. 5. Before any person shall enter upon the duties of commissioner, he shall be sworn to the faithful and impartial discharge thereof, and a certificate of such oath shall be written on the back of the commission.

SEC. 6. The commissioner shall have power to swear witnesses, and, if he deems it expedient, to examine on oath the creditor touching any claim exhibited to him for allowance.

SEC. 7. The commissioner shall examine and allow all just demands which the deceased owed, that shall be exhibited to him, although such demands may not be payable at the time of such allowance.

SEC. 8. He shall allow interest on demands carrying interest to the expiration of the commission, and on demands not ordinarily carrying interest, to the same time, from the death of the testator or intestate; but from demands not payable and not on interest he shall discount such sum as will reduce them to their just present value.

SEC. 9. When there are mutual demands between the deceased and the person claiming as a creditor, which, if due, might be legally or equitably offset against each other, the commissioner, if there is a balance in favor of such creditor, shall consider such mutual demands and allow the creditor only the balance justly due.

SEC. 10. If any creditor holds collateral security for his debt of less value than such debt, the commissioner shall estimate the value of such security and allow him only the difference between such sum and his debt, and shall return with his report and give to such creditor on request, a certificate of such estimate.

SEC. 11. If the creditor, being dissatisfied with such estimate, shall relinquish his interest in such security, and deliver up the same to the administrator, the property thus surrendered shall, under the direction of the judge, be sold or disposed of by the administrator and the proceeds paid to the creditor, and the difference between the sum so paid him and the amount of his claim shall be inserted upon the list of claims in place of the sum allowed by the commissioner.

SEC. 12. For a sufficient cause the judge may allow a further time or times to the creditors, not exceeding in the whole two years from the date of the original commission, in which case the notice originally ordered shall be renewed and such further notice given as the judge shall order.

SEC. 13. If, during the pendency of any such commission, any commissioner shall be incapacitated or prevented from discharging the duties thereof, the judge may in any stage of the proceedings substitute some ohter person to complete such duties, who shall be sworn as aforesaid, or in such case, for good cause shown, may set aside the commission and issue a new one which shall be deemed and taken as the original commission.

SEC. 14. At the end of the time limited in the commission, the commissioner shall make his report to the probate office, and present a list of all the claims presented for allowance and the amount allowed thereon.

SEC. 15. At any time before the decree of distribution, any errors happening in the report may by leave of the court be corrected by the commissioner; but no claim shall be diminished without notice to the creditor or his agent, nor increased without notice to the administrator, and no new claim shall be inserted by virtue of this provision.

SEC. 16. Claims of the administrator against the estate shall not be examined or allowed by the commissioner, but the same shall be examined and allowed, if just, by the judge on the settlement of his administration account, and added to the list of claims; notice of such claim being given in the citation to the heirs and others to hear such account.

SEC. 17. If such claim is contested by any heir or creditor, the judge, unless the parties shall agree in writing that he shall decide

it, shall refer the same to one or more referees, whose report, when accepted by the judge, shall be final, and the amount allowed placed on the list of claims.

SEC. 18. The expenses of administration, the necessary charges for the burial of the deceased, the allowance made by the judge to the widow out of the personal estate, and all rates and taxes shall be allowed by the judge and first paid, giving preference to them in the order in which they are here placed.

SEC. 19. The claims for the last sickness of the deceased shall be designated as such in the commissioner's report, and shall be paid in full if the balance in the hands of the administrator, after the other payments before directed are made, is sufficient, otherwise such balance shall be distributed ratably to the creditors of such debts in proportion to their respective claims.

SEC. 20. If, after payment in full of the claims before mentioned, any balance shall remain in the hands of the administrator, it shall be decreed to be distributed among the other creditors in proportion to their respective claims allowed as aforesaid, or in full payment thereof, with interest.

SEC. 21. Such decree shall contain the names of the creditors, the sums allowed them, and the sums they are respectively entitled to receive from the administrator on such estate.

SEC. 22. The balance on any second or further account rendered on such estate, shall be distributed in like manner until the creditors shall have received the sums allowed them in full, with interest, if the estate shall so far extend.

SEC. 23. If any thing shall remain after payment of the preferred claims, the debts due from the estate and for the support of the children, if any under seven years of age, such residue shall be distributed among the legatees or heirs according to law.

SEC. 24. The administrator shall pay the commissioners a reasonable compensation for their services, which shall be allowed by the judge on settlement of the account of administration.

SEC. 25. If the estate of any person deceased, after deducting the allowance made to the widow, shall be expended in defraying the expenses of the last sickness and funeral of the deceased, and expenses of administration, the administrator on settlement of his account shall be wholly discharged by decree of the judge from all claims of the creditors against such estate, without any other proceedings whatever.

SEC. 26. In case administration be taken in this State on the estate of any person who was at his decease an inhabitant of any other state, and in case such person died insolvent, his estate found in this State shall, as far as practicable, be so disposed of that all his creditors, here and elsewhere, may receive each an equal share, in proportion to their respective debts. (Laws of 1851, chap. 1110, sec. 1.)

SEC. 27. If it should be made to appear to any judge of probate in this State, that claims have been duly proved against said

deceased person in any other state, he shall be required to receive a certified list of such claims when perfected in another state, and add the same to any list of claims which may have been proved within his own jurisdiction against said deceased person, so that said judge of probate may be enabled to make a just distribution of the property found in the State among all the creditors: provided, that the benefits of this act (this and the preceding section) shall not be extended to the creditors of any state, if the property of such deceased person there found shall not be equally apportioned to the creditors residing in this State, with other creditors, according to their respective debts. (Laws of 1851, chap. 1110, sec. 2.)

SECTION 1. Any creditor dissatisfied with the decision of the commissioners upon any claim by him exhibited, may appeal therefrom by petition to the judge, filed in the probate office within thirty days after the acceptance of their report, and shall file therewith a declaration in proper form upon his claim.

SEC. 2. The judge shall order the administrator to be served with a copy of such petition and declaration, and the creditor shall enter his action at the next court of common pleas, and produce attested copies of such petition, declaration and order of notice, and evidence of compliance with such order.

SEC. 3. If the administrator is dissatisfied with the allowance of any claim, he may appeal therefrom by petition to the judge, filed in the probate office within thirty days after the acceptance of the report; and if the creditor, or his agent or attorney, is not present to take notice thereof, the judge shall order notice thereof to be given to the creditor.