Chap. 0005 AN ACT FOR REGULATING THE PROCEEDINGS ON BONDS OF ADMINISTRATORS ON INTESTATE ESTATES.
Whereas, in and by an act or law of this province, made in the fourth year of the reign of King William and Queen Maiy, entitled " An Act for the settlem[eji]t and distribution of the estates of intestates," the judges for probate of wills and granting of administrations, in the respective counties, are required to take bond of such person or persons
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to whom the}' grant the administration of the estate of any intestate, and it sometimes happens that such judges do put those bonds in suit, and distribute the sums recovered thereon, to and among the parties interested, in such manner as in and by the said act is directed ; and ichereas it has happened that, after such distribution as aforesaid, the adminis[£/*"fo]r has brought his action of review, and thereupon obtained a reversal of the former judg[e]m[e"]t, in which case the respective judges of probate are liable to an execution, and thereb}T exposed to great charge and inconvenience ; for remedy whereof,-
Be it enacted by Hi* Excellency the Governor, Council and Representatives iit General Court assembled, and by the authority of the serine,
That when any of the judges for the probate of wills and granting of administrations shall put in suit any administrator's bond, and recover a judgment for the penalty therein expressed, or any part thereof, at any inferior court of common pleas, or superior court of judicature, execution of such judgment shall be staid until the next .session of the court whereat the same was obtained, that so such administ[/t^o]r may then, if he sees cause, have an opportunity to review his action ; and if he shall neglect so doing, execution shall thereupon be awarded, and the judge for probate shall make distribution of the sum recovered to and among the parties interested therein, agreable to the direction' of the law ; and every such administ[rafo]r is hereby forever precluded and bar'd from bringing any such action aftenvard. [Passed July 4 ; published July G.