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he hath advertised the sale, and the places at which he hath offered the property for sale. And every sheriff or coroner failing to make such specification, shall for every omission be subject to a fine of twenty pounds, and every constable for a like omission, five pounds, and shall be liable to an indictment, for a misdemeanor in office, and also liable as heretofore to an action for a false return.

See Debt and Debtor.

EXECUTORS AND ADMINISTRATORS.

An executor is he to whom another man commits by will. the execution of his last will and testament.

If an executor reside out of the state, he is required to give bond with sufficient security to the chairman of the court where the will shall be proved, and his successors, in double the supposed amount of the personal property of the testator, for the faithful performance of his duties. And until he shall give such bond, (which can be done only within the space of one year after the death of the testator) the court of the county in which the testator had his last usual place of residence shall grant letters of administration with the will annexed.

Administrators have their origin in the statute of 31 Edw. III. c. 11. In England they are appointed by the ordinary; in this state, by the court of pleas and quarter sessions,

An administrator is he to whom létters of administration have been granted by the proper authority. And his power may be either general, of all the personal property, rights, and credits of the intestate; or he may be an administrator with the will annexed; as where there is no executor named in the will, or where the executor refuses to qualify; in which case his powers are limited by the will.

Or he may be administrator of the goods not administered; as where the executor or first administrator die, and the residue of the goods are committed to his care.

Or he may be an administrator during the nonage of an infant executor, and the like.

An infant may be appointed executor, even before he is born, but cannot act as such till the age of seventeen years. An executor may do many acts before he proves the will; such as taking possession of testator's goods, paying debts and legacies, receiving debts, commencing suits (but not declaring);

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but an administrator can do nothing until letters of admini stration are issued.

Among debts of equal degree (and by our state laws all bills, bonds, notes, with or without seal, and liquidated accounts signed by the debtor are of equal dignity) the executor or administrator is allowed to pay himself first, by retaining the amount in his hands.

Executors and administrators are not to be held to special bail; and executions cannot issue against their bodies, in their representative character.

Administration is to be granted by the court of the county in which the intestate usually resided, and if he had fixed places of residence in more than one county, then in either of them. Appeal lies from all decisions of the county court in cases of disputed wills and letters of administration, to the superior court.

Administration bonds are taken and made payable to the chairman of the court for the time being, with the following condition:

The condition of the above obligation is such, that if the above bounden A. B. administrator of all and singular the goods and chattels, rights and credits of C. D. deceased, do make or cause to be made a true and perfect inventory of all and singular the goods and chattels, rights and credits of the deceased, which have or shall come to the hands, knowledge, or possession of the said A. B. or into the hands or possession of any person or persons for him, and the same so made do exhibit or cause to be exhibited to the court of the county aforesaid within ninety days from the date of these presents; and the same goods, chattels, and credits, and all the other goods, chattels, and credits of the deceased, at the time of his death, which at any time hereafter shall come into the hands or possession of the said A. B. or into the hands or possession of any person or persons for him, do well and truly administer according to law; and further do make or cause to be made a true and just account of his said administration within two years after the date of these presents; and all the rest and residue of the said goods, chattels, and credits, which shall be found remaining upon the said administrator's account, the same being first examined and allowed by the court of the said county, shall deliver and pay unto such person or persons, respectively, to which the same shall be due, pursuant to the true intent and meaning of the act in that case made and provided. And if it shall appear that any will or testament was made by the deceased, and the executor or executors therein named do exhibit the same into open court, making request to have the same allowed and approved accordingly; if the said A. B. above bounden, being thereunto required, do render the said letters of administration (approbation of such testament being first had and made in the said court) then this obligation to be void and of no effect, otherwise to remain in full force and virtue.

Signed and sealed in presence of

The courts of pleas and quarter sessions shall order the issuing of letters testamentary as well as letters of administration. Executors and administrators are to deliver and pay over, immediately after the expiration of two years from their qualification, to such person or persons as may be entitled thereto, all the estate of the deceased remaining in their hands;, the person so receiving, first giving bond with two or more sufficient sureties, to refund in case debts shall afterwards occur against the deceased; which bond shall be made payable to the chairman of the county court for the time being, and his successors, and shall be brought into the next succeeding court, and a record made thereof, and the bond lodged.

Creditors of deceased persons, if they reside within this state, shall within two years, and if they reside without the limits of the state, shall within three years from the qualification of the executor or administrator exhibit and make demand of their accounts, debts, and claims of every kind, to such executor or administrator, or be for ever barred ;-with a saving, however, for infants, persons non compos, and femes

Covert.

Every executor or administrator shall, within two months after qualification, advertise at the courthouse of the county where the deceased usually dwelt at the time of his death, and other public places in said county, for all persons to bring in their accounts and demands of every kind and denomination to the said executor or administrator, agreeably to the directions of this act, as aforesaid. And every exccutor or administrator shall take a copy or copies of such advertisements, which copy or copies with an affidavit made thereon before some justice of the peace of the same county, by some competent witness, stating therein the time and times, place and places, when and where the said advertisements were seen, shall, at the term of the county next following that at which the will shall have been proved or administration granted, be filed in the clerk's office; and the said copies shall be considered as a record of said court; and the same, with a certificate of the clerk thereof, certifying that said copies were filed at the time required as aforesaid, shall be received as evidencein any court of law or equity, or before any other jurisdiction in this state. Provided nevertheless, that proof of said advertisement may be made in any other manner which may be deemed competent by the superior courts of this state.

Administration must be granted,→→

1st, To the husband or wife: or,

2d, To the children, sons, or daughters: or,
3d, To the father or mother: or,

4th, To a brother or sister: or,

5th, To the next of kin, as an uncle, aunt, or cousin : or, 6th, To the greatest creditor residing in the state: or, 7th, To any person, at the discretion of the court.

A residuary legatee is to have the administration of an estate, when the executor dies intestate; the residue of the estate being devised to such legatee.-1 Vent. 217.

If administration is granted, and afterwards a 'will is produced and proved, the administration shall be revoked, and all acts done by the administrator are void.-Roll. 2. Abr. 907.

Inventories are to be returned on oath within ninety days from the qualification of an executor or administrator, that is, at the term of qualification or the succeeding term. And accounts of sales are also to be returned on oath.

When the estate of any deceased person shall be so far indebted as that the debts cannot be discharged by the monies on hand at the death of the deceased, or where a sale shall be deemed necessary, for a just and proper distribution and division of the personal estate, then the executor or administrator shall sell the goods and chattels; not only the perishable, but the imperishable, if need be, such as negroes, of the deceased; first obtaining an order of the county court for that purpose, for the most that can be gotten for the same by public sale, having first advertised at the courthouse and four other public places within the county, at least twenty days before the sale; and shall give not less than six months credit, upon bond and security given. This provision however is not to affect any powers which may be given an executor by the will of his testator.

Provi

Executors and administrators are authorised to execute deeds of conveyance for land bona fide sold by the deceased, and for which he has given bond to convey the same. ded such bond be first proved in the court of the county where the land lies, if in this state, if not, in the county where the obligee lives or obligor died; which bond so proven shall be recorded and registered in the register's books of the said county.

The court shall, in making allowances of commissions to executors, administrators, or guardians, take into consideration the trouble and time expended in the management of the

deceased person's estate, and shall allow commissions not exceeding five per cent, for the amount of the receipts and expenditures which shall appear to be fairly made.

It is the duty of the sheriff to sell deceased person's estates, only where administration is granted to a creditor; in which case the sheriff shall be allowed by the court, so as not to exceed two and a half per cent.

See Limitation.

EXTORTION.

Extortion is an abuse of public justice, which consists in any officer's unlawfully taking, by colour of his office, from any man, any money or thing of value, that is not due to him, or more than is due, or before it is due. The punishment is fine and imprisonment, and sometimes a forfeiture of the of fice.-4 Blac. Com. 141.

FAIRS.

The several county courts in this state may appoint a fair or fairs in their respective counties, at such place or places as they may judge most proper for the convenience of the inhabitants, so as to afford an opportunity and give encouragement to industry, by collecting the inhabitants for the purpose of exchanging, bartering, and selling of all such articles as they may wish or be necessitated to dispose of.

When any of the said courts may think proper to establish a fair, they shall nominate and appoint commissioners to regulate and conduct the same, by drawing up and forming a system of bye-laws for the government thereof, to be approved of by said court and entered of record; which rules so formed as aforesaid, shall be considered as valid and as effectual as if they had been expressed by an act of assembly for that special purpose. But said rules shall not be contrary to or inconsistent with the law of the land.

The inhabitants of every county wherein any fairs shall be so established, shall have free liberty and power to attend the same, dispose of, exchange, or barter any article or articles. whatsoever therein, without any restraint or distinction whatever, subject nevertheless to such rules as the commissioners aforesaid or a majority of them, shall or may form for the regulation thereof.

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