The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-08


property sold by executions aud adininistra
tors, such liens being considered OF record
and therefore always 10 a state Of presenta
ton. ia Gordon ys. Gibbs, 3. IS. a NJ. 473
~ was decided that an administration bone
on which the deceased was q surety, was al
ways ~ state Of presentation, being mat
ter Of record aud notice 20 every Que, ant
that no presentation 20 the administration o
such surety, was necessary 70 bc made Of
claim Arising upon the said bond Ia e0nse
qnence Of a breach Of the condition BY ia,
principal. In Miller vs. Trustees Of Jeher
son College, s, S. a. NJ. 65l, ID as ruled thai
a debt secured by mortgage need moi
be- presentee, the mortgage being Of record
aud therefore constructive notice 10 the
administrator. In this case II wa
also also said that the statute wa.
TO be regarded only ~ a statute Of limit
ntlons; and as a subsequent promise will
take a case out Of the statute Of limitations
30 will knowledge Of the existence OF the
debt by an executor or administration take
| II out nj this statute without a presenta.
ton Ia Ellis Vs. Carlisle, z S. g. NJ, 552
II was again repeated that knowledge or no
tice Of the claim IL equivalent TO presenta.
ton, and that any evidence tending 10
show such knowledge was admissible, al
though there was no actual presentation.
And this rule Is recognized as the settled
doctrine of this Court IN Brown vs. Hill,
"a, Miss "a, aud ia Branch Bank of Ala.
vs. Rhew, "a, Miss, 10
IL thus appears that the construction of
the act OF 1921 and 1916, so far as they re-
late to the subject in hand has been settled
by long train Of well considered decisions.
unusual in their number, the variety of
their facts, and their consistency with each
other Ascertaining first the object which
the Legislature had in view, these adjudi-
cations give effect no the law, not perhaps
according to its literal import, but according
to its obvious spirit and intent. They es-
tablsh rules for the Interpretation of similar
statutes, which ought to be constantly re.
sorted TO whenever the circumstances make
them applicable.
The substitute for these provisions, con
tanned IN the Revised Code, furnishes far
better mode of attaining the end proposed
by the Legislature Securing, as il does,
the record evidence of the present
ment of all claims against estates,
aud thereby avoiding all the difficulty
and expense involved in establishing
the facts by parole evidence, and
every consideration of convenience and pol-
icy prompts to q strict observance of its
conditions. But we do not think the Code
has made such change in the law in this
respect rs would Justify us in departing from
the settled construction of the former law
The principal alteration consists in the sub
stitution of the registration, with its forms
and solemnities, in lieu of the presentation
previously required In other respects the
law remains substantially the same. In
deed the act of 1871 was the stronger and
more peremptory of the two, for, in addition
TO the provision that on a failure to present
the claim within the prescribed time it
sh0uld be forever barred, and that the act
might be given in evidence in bar of any
suit or action in law or equity, which is in
substance the penalty demanded by the
present law for failure to register, that act
contained the further and emphatic decla-
ration not TO be found in the new act that
the estate should be thereafter discharged
from the payment of such claims As the |
present enactment is therefore hardly so |
full aud positive as the act of 1921, we feel |
bound to apply to it the same principles of |
construction which the Court has so often
and TO hold that notice. or
knowledge of the claim by the administra-
tor is equivalent to registration, so far as
respects the right ofthe creditor to maintain
m action upon it.
1t follows that the judgment on the de- |
nurrer to the plaintiffs replication was err
and must be reversed and Judgment |
entered here overruling the demurrer, and |
giving the defendant leave to reioin. The |
cause will be remanded for further pro- |
'eedings,