Page:United States Statutes at Large Volume 31.djvu/1296

 1244 FLFTY-SIXTH CONGRESS. Sess. I1. Ch. s54. 1901. c,,{§up§S;§§§u‘°Oij,§°f,§ Sec. 337. When an affidavit or deposition to prove claims shall have the District- been taken out of the District, the same shall be good if taken and certified as aforesaid by a notary public, or by some person there authorized to administer an oath, and certified to be such under the seal of the clerk of any court of record, or by any officer having oflicial cogpizance of the fact, and the said oath shall be as available as if tgken efore an officer authorized to administer an oath within this istrict. 6,QQ3}§{,‘}_ §§§fi“°’ ““ Spc. 338. If the creditor be an executor or an administrator the claim shall not be received, although vouched and approved as aforesaid, 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 hath been discharged except what (if any) is credited, and that to the best of the deponent’s knowledge and belief no part of the said claim hath been discharged and no security or satisfaction , given for the same except what (if any) is credited." e,gl¤imé°‘€X€°“i°¤*· Sec. 339. CLAIMS or Exscurons, AND so rom·H.—In no case shall an executor or administrator be allowed to retain for his own claim against the decedent, unless the same be passed by the robate court, and every such claim shall stand on an equal footing with other claims _ of the same nature. proof. sic-, account for any claim discharged by him, unless · he produce the claim passed by the probate court, or proven as herein directed; S Pisa of ii¤ii$¤ii¤¤S·_ Sec. 341. PLEA or LIMIrA·rIoNs.—It shall not be considered as the _ duty of an executor or administrator to avail himself of the act of . limitationsto bar what he sup oses to be a just claim, but the same _ _ shall be left to his honesty and) discretion. p,§§g‘f’*“ mw b° dw Sec. 342. CLAIMS MAY BE ms1=U·rI·1I>.—-No executor or administrator shall be oblilgled to discharge any claim of which vouchers and proofs shall be e ibited as aforesaid, but may reject and at law dispute the same in case he shall have reason to believe that the deceased never owed the debt, or had discharged the same, or a part thereof, or _ _ had a claim in bar. · ,,§§i?§§,‘g§u,§’§,_°‘“‘mS Sec. 343. PAssINe or CLAIMS Nor coNc1.Us1vE.—In no case shall the order made by the probate court that an account or claim will pass when paid be deemed of validity to establish such claim or account; but in case the executor or administrator thinks fit to contest the same such account or claim shall derive no validity from the order aforesaid, but shall be proved in the same manner as if no such order had _ been made. , P“>’m°°*°‘ °‘“·‘m*· Sec. 344. PAYMENT or CLAIMS.—·AD executor or administrator shall, within thirteen months from the date of his letters, or within such further time, not exceedin four months longer, as shall be allowed by the probate court on his making oath that he has reason to apprehend that the personal estate and assets which are or shall be in his hands will be insufhcient to dischar e the just debts of and claims against the deceased, discharge all suci claims known to him or ay each claimant his just proportion of the money then in his hands lietaining as herein directed); it shall likewise be his duty once in every term of six months after the first distribution to make a distribution of the money which hath since come to his hands until he shall have fully administered, and on failure his administration bond may be put in suit. lggggdggggjiggd Sec. 345. NOTICE or DISTRIBUTION.—·Il1 all cases where an executor Por administrator is to make payment or distribution among the creditors of his decedept, he may give notice three successive weeks previously in some convenient newspaper of the time and place for making " attorney to receive the amount or proportionab e part of his claim, all
 * ,‘§,‘j,§‘,}l$,}‘“§Q§€‘,§} §,‘§{ Sec. 340. No executor or administrator shall be allowed in his
 * 32};% 0* ciedmi it; and in case the creditor shall not attend in person or by agent or