Page:United States Reports, Volume 2.djvu/268

 261 Casas ruled and adjudged in the 1796. At} of Alfembly, to a delay of twelve months after the tcllator°s /'¢death, that they may afcertain the legal priority cf his debts. The af]: of AtTembly,* having elailed debts in the order in which Executors {hall be bound to pay them, adds that, nevetthelefs, “ executors, or adminillrators, {hall not be prevented from, or damnified for difcharging the decedant’s juli: debts, as the {ame {hall come to their knowledge, without regard to the priority of the fame, in payment, after the expiration of twelve months from the time of the faid decedant’s decea{e." lf, then, twelve months are allowed to {pecialty creditors, for giving notice of their debts to the executors, fo as to preferve the priority pre- fctibed by the law, it is an unreafonable and unjuil doélrine to advance, that the executors {hall, before the expiration of that period, nay, at the very firfl term after the death of their teftator, be compelled to plead thofe fpecialties, of which they may have received no notice, but to which they are llill bound to give a preference, in the courfe of adminiflration. The very force of the expreflion, that the executors {hall not be dmnufed, if they make the payment after the expiration of twelve months, proves that they would be liable for any previous payment, contrary to the legal rule of priority. '[`here is no proviiion of this kind in the Englyb {latutes; for, in England, a {pecialty creditor can only fecure his preference to {imple-contraft cre- _ ditors by giving the legal notice of a {nit, in the firfl: inilance. The realbn of the divetlity, however, {lrengthens the conilruc- tion contended for. While Pemfybvania was a province (and- the fat} exills in a great degree, at the prefent day) the credi- _ tors of its inhabitants chiefly reiided abroad; and, if executors ‘ had been compellable to pay {imple contraft debts, whenever if- fue could be joined by the ordinary praéiice of out courts; or whenever a plea could be exaéted in the manner now propofed, the whole of the alfets might be abforbed in fuel; payments, be- fore notice could be received of any preferable claims. Hence the neceflity of allowing twelve months for giving notice; and , hence jultice requires that the executors ihoultl have the fame period, for entering their pleas to aétions on {imple contrailcs, which they mult otherwife {`atisfy at their own peril. For the Plaintiff, in reply. The aét of Aflembly was notin- tended to embrace cafes, in which executors were compelled to make payments by a due courfe of law; but only cafes, in which they voluntarily undertook to difcharge the tell:at0r’s debts, Before the palling of the ac}, an executor could never volunta- rily pay a ftmple contract debt, without taking an indemnifica- tion Dall. Edit. p. gay. It may be found. however, ia time-:;·.;n·'s Edit, of the Province Laws ji. Q2. See 1 aol. Duit'.llt!ie._/-. eq. ,’{,')
 * The aft here referred to. has been repeals! and lhpplietl, 3 vol.

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