Page:United States Reports, Volume 2.djvu/269

 Surname Cqurtr or Penrfyivania. 263 . tion againft fpeeialty creditors; and, it was only to obviate this 1796. inconveniency, that the provilion was made, authoriling fuch G/YJ payments, without regard to any priority, after the lapfe of twelve months from the tefiator's death. But the fallacy of the opponte conllruélion mult forcibly appears, when it is remem- bered, that executors or adminilirators are required by law, to , make dilltribution of the rjduum of the tcflator’s cifeéls, among his next of kin, at the end of a year; and yet, it is faid, that ’till ‘ the end of a year, they cannot even be compelled to make pay- mcnt of his debts. Again: the law requires, that adminiftra- tors {hall render their accounts to the regilicr of wills, Src. with- in a year; and yet, if within the year, they are not compellable ro pay the debts, there can be no accounts to render. BY THE Comvr. There does not cxifi a doubt in our minds, about the genuine meaning of the af,} of Affembly. It would be attended with the molt inconvenient and pernicious confe- quences, to determine, that a creditor could not compel a pay- ` ment from his dcbtor’s efiat:, nor even bring a fuit againlk the executors, for a period of twelve months. The order of pay- ing debts, obvioully refpefts voluntary, and not compulfory, payments. Such was the conftruélion coeval with the af} ; and there has not, to this time, been a fingle departure from it. . With refpeé} to the other ground of argument, we were in hopes that lbme eompromife might have been effeéled. But, we do not helitate to declare, that although the Court has dif. crctionary power to grant, or_ to refufe, imparlances, we do not think, that the circumltances of the prefent ·cafe would juflify a fpecial interpolition, to compel the executors to plead at.the - lirlt term, contrary to the ufual courfe of prailice. The exe-· entors have an unquefiionable right, generally fpeaking, to give a preference to any creditor of the fame degree; and the pre- ferenccs propofed to be given by the defendants, are certainly not of a covinous, or illiberal nature. _ The Rule difcharged. Before the Court had delivered their opinion on the principal cafe, Ingufsll fuggclled, as a collateral conlideration, whether Promiffory Notes, difcountéd at the Bank of Pr·mg@·i:mni.·:, were ` placed on a footing with protelicd Bills of Exchange, in pain! ef priority qfpayrnmt, bythe following provilitm in the 13rb_k&‘.’au of the At} of Incorporation. “ All notes or hills, at any time dit`- counted by the faid Corporation, ihall be, and they are hereby, placed on the Erme footing as foreign bills of exchange; fo that · the like remedy ihall be had for the recovery thereof againfl thc drawer and drawers, indorfee and indorlbrs, and with like effcft, except fo far as relates to damages, any law, cullom, or ufagc. to the contrary thereof in anywife n0twithil.anding." 3 wl. Da/J'. Eu?/. j·. 33e. /i:gn_y’5b'ebfervetl, that prcvimxfly to this provilion. T.lC!‘t‘

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