given by posting in three public places in the Canal Zone for a period of four successive weeks.

(c) The time expressed in the notice required by this section shall be 10 months after it is first published or posted, when the estate exceeds in value the sum of $20,000, and 4 months when it does not. § 1622. Removal for neglecting to give notice

If an executor or administrator neglects for two months after his appointment to give notice to creditors, as prescribed by this subchapter, the court shall revoke his letters, and appoint another person in his stead, equally or the next in order entitled to the appointment. § 1623. Filing copy of notice; affidavit; decree

Within 30 days after the first publication of notice to creditors, the executor or administrator shall file or cause to be filed in the court a copy of the notice, accompanied by an affidavit setting forth the date of the first publication thereof and the name of the newspaper in which it is printed, or the dates and places of posting of the notice, if the posting of notices is directed. The court, upon the affidavit or other testimony to its satisfaction, shall issue an order or decree showing that notice to creditors has been given, and directing that the order or decree be entered in the records of the court.

§ 1624. Executor's or administrator's claim; presentation; allowance or rejection; action

If the executor or administrator is a creditor of the decedent, he shall file his claim, authenticated by affidavit, with the clerk of the court. The clerk shall present it for allowance or rejection to the judge. Its allowance by the judge is sufficient evidence of its correctness, and it shall be paid as other claims in due course of administration. If the judge rejects the claim, action thereon may be had against the estate by the claimant, and summons shall be served upon the judge, who may appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover, he shall pay all costs, including the defendant's reasonable attorney's fees, to be fixed by the court.

§ 1625. Affidavits in support of claims; claims not due; contingent claims; vouchers

(a) Every claim that is due, when filed or presented, shall be supported by the affidavit of the claimant, or by a person in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant. If the claim is not due when filed or presented, or is contingent, the particulars of the claim shall be stated. When the affidavit is made by a person other than the claimant, he shall set forth in the affidavit the reason therefor. The oath may be taken before any officer authorized to administer oaths.

(b) The executor or administrator may also require satisfactory vouchers or proofs to be produced in support of the claim. If the claimant leaves an original voucher in the hands of the executor or administrator, or suffers it to be filed with the clerk, he may withdraw it, when a copy thereof has been already, or is then, attached to his claim.

§ 1626. Claim founded on written instrument; copy; secured claim

(a) Where a claim is founded on a written instrument, the original need not be filed or presented, but a verified copy of the instrument with all indorsements shall be attached to the claim. The original instrument shall be exhibited to the executor or administrator or judge, upon demand, unless it is lost or destroyed, in which case

the claimant shall accompany his claim, when filed or presented, by his affidavit, containing a copy or particular description of the instrument, and stating its loss or destruction.

(b) Where the claim, or any part thereof, is secured by a mortgage or other lien which has been recorded in the office of the registrar of property, it is sufficient to describe the mortgage or lien, and refer to the date, volume, and page of its record.

§ 1627. Claims not filed on time are barred; exception

(a) Claims arising upon contracts, whether they are due, not due, or contingent, and claims for funeral expenses and expenses of the last sickness shall be filed or presented within the time limited in the notice, and, except as provided by subsection (b) of this section, a claim not so filed or presented is barred forever.

A brief description of every claim filed shall be entered by the clerk in the appropriate book, showing the name of the claimant, the amount and character of the claim, the rate of interest, if any, and the date of filing.

(b) A claim specified by subsection (a) of this section may be filed or presented at any time before a decree of distribution is entered, if it is made to appear by the affidavit of the claimant that, by reason of being out of the Canal Zone, he had not notice as provided by this subchapter.

§ 1628. Record of claims filed

The clerk of the court shall enter in the appropriate book a brief description of every claim filed, showing the name of the claimant, the amount and character of the claim, the rate of interest, if any, and the date of filing.

§ 1629. Claims barred by limitations; examination of claimants; suspension of limitations pending administration

A claim may not be allowed by the executor or administrator, or by the judge, if it is barred by the statute of limitations. When a claim is presented to the judge for his allowance, he may examine the claimant and others, on oath, and hear legal evidence touching the validity of the claim. A claim against an estate which has been allowed is not affected by the statute of limitations, pending the proceedings for the settlement of the estate.

§ 1630. Claim in action pending at decedent's death

If an action is pending against the decedent at the time of his death, the plaintiff shall, in the manner provided by this subchapter, file his claim with the clerk, or present it to the executor or administrator for allowance or rejection, authenticated as required in other cases. A recovery may not be had in the action unless proof is made of the filing or presentation.

§ 1631. Claims filed with clerk; notice to executor or administrator; allowance or rejection

When a claim, accompanied by the affidavit required by this subchapter, is filed with the clerk of the court before being presented to the executor or administrator, the clerk shall immediately send written notice thereof to the executor or administrator, or his attorney. The clerk shall show in the notice the name of the claimant and the amount of the claim, and he may deliver it personally or mail it. The executor or administrator shall, in writing, allow or reject the claim, and shall file the allowance or rejection with the clerk. If he allows the claim, the clerk, immediately after the filing of the allowance, shall present the claim and the allowance to the judge, and at the same time shall indorse on the claim the date of presentation. The judge shall indorse upon the claim so filed his allowance or rejection, with the date thereof.

§ 1632. Claims presented to executor or administrator; allowance or rejection

When a claim, accompanied by the affidavit required by this subchapter, is presented to the executor or administrator before filing, he shall indorse thereon his allowance or rejection, with the date thereof. If he allows the claim, it shall be presented to the judge for approval. The judge shall, in like manner, indorse upon the claim his approval or rejection. If the claim is approved, it shall be filed with the clerk within 30 days thereafter.

§ 1633. Failure to act on claim; presentation by notary; acting on timely claim after time

(a) If, where a claim has been filed without presentation, the executor or administrator refuses or neglects to file his allowance or rejection for 10 days after the claim has been filed, or if, where a claim has been presented before filing, the executor or administrator refuses or neglects to indorse his allowance or rejection for 10 days after the claim has been presented to him, or if the judge refuses or neglects to indorse his approval or rejection for 10 days after the claim has been presented to him, the refusal or neglect may, at the option of the claimant, be deemed equivalent to a rejection on the tenth day. If the claim is presented before filing by a notary, the certificate of the notary, under seal, is prima facie evidence of the presentation and the date thereof.

(b) If a claim is filed with the clerk, or presented to the executor or administrator, before the expiration of the time limited for the filing or presentation of claims, the claim is filed or presented in time, though acted upon by the executor or administrator, and by the judge, after the expiration of the time for filing or presenting it.

§ 1634. Status of allowed claims; contest of validity

Every claim allowed by an executor or administrator and approved by the judge shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration; but the validity thereof may be contested by a person in interest, at any time prior to the settlement of the account of the executor or administrator in which it is first reported as an allowed and approved claim, unless established by a judgment against the executor or administrator. § 1635. Record of claims allowed

The clerk of the court shall enter in the appropriate book the date of allowance of each claim, together with the amount allowed. § 1636. Notice of rejection; action by claimant; time

If a claim is rejected either by the executor or administrator, or the judge, written notice of the rejection shall be given by the executor or administrator to the holder of the claim or to the person filing or presenting it, and the holder may bring suit in the proper court against the executor or administrator within three months after the date of service of the notice if the claim is then due or within two months after it becomes due, otherwise the claim shall be forever barred.

If it appears to the satisfaction of the court that the residence of the claimant is not known, the court shall by its order require the notice to be served on the claimant by filing with the clerk.

The time during which there is a vacancy in the administration is not included in the limitations prescribed in this section for bringing action on the rejected claim.

§ 1637. Filing or presenting claim as prerequisite to action; exception

(a) Except as provided by subsection (b) of this section, a holder of a claim against an estate may not maintain an action thereon, unless the claim is first filed with the clerk, or presented to the executor or administrator.

(b) An action may be brought by the holder of a mortgage or lien to enforce it against the property of the estate subject thereto, where all recourse against any other property of the estate is expressly waived in the complaint, but counsel fees may not be recovered in the action unless the claim was first filed with the clerk, or presented to the executor or administrator.

§ 1638. Partial allowance

The executor or administrator may allow a claim in part, in which case he shall state in his allowance the amount he is willing to allow. If the creditor refuses to accept the amount allowed in satisfaction of his claim, he may not recover costs in an action therefor brought against the executor or administrator, unless he recovers a greater amount than that allowed.

§ 1639. Reference; hearing and report; powers of master and court; effect

If the executor or administrator doubts the correctness of a claim presented to him or filed with the clerk, he may enter into an agreement in writing with the claimant to refer the matter in controversy to a disinterested person, to be approved by the court. Upon filing the agreement and approval of the court with the clerk, the clerk shall enter an order referring the matter in controversy to the person so selected, or, if the parties consent, a reference to a master may be had in the court. The master shall hear and determine the matter, and make his report thereon to the court. The same proceedings shall be had in all respects, and the master shall have the same powers, be entitled to the same compensation and subject to the same control, as in other cases of reference. The court may remove the master, appoint another in his place, set aside or confirm his report and adjudge costs, as in actions against executors or administrators, and the judgment of the court thereon is as valid and effectual, in all respects, as if it had been rendered in a suit commenced by ordinary process; but the report of the master, if confirmed, merely establishes or rejects the claim, as if it had been allowed or rejected by the executor or administrator and judge.

§ 1640. Liability of executor or administrator for costs

When a judgment is recovered, with costs, against an executor or administrator, he shall be individually liable for the costs, but they shall be allowed him in his administration accounts, unless it appears that the suit or proceeding in which the costs were taxed was prosecuted or defended without just cause.

Subchapter II-Rules Governing Payment of Claims

§ 1661. Effect of judgment against executor or administrator A judgment rendered against an executor or administrator, upon a claim for money against the estate of his testator or intestate, only establishes the claim in the same manner as if it had been allowed by the executor or administrator and the judge; and the judgment shall be that the executor or administrator pay, in due course of administration, the amount ascertained to be due. A certified transcript of the original docket of the judgment shall be filed among the papers of

the estate in court. An execution may not issue upon the judgment, and the judgment does not create a lien upon the property of the estate, or give to the judgment creditor a priority of payment.

§ 1662. Judgment against decedent; execution; filing as claim; levy before death; redemption

When a judgment has been rendered for or against the testator or intestate in his lifetime, an execution may not issue thereon after his death, except as provided by section 546 of Title 5. A judgment against the decedent for the recovery of money shall be filed with the clerk, or presented to the executor or administrator, in the same manner as other claims. If execution is actually levied upon any property of the decedent before his death, the property may be sold for the satisfaction thereof; and the officer making the sale shall account to the executor or administrator for any surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may redeem any real estate of the decedent from a sale under foreclosure, or execution, in like manner and with like effect as if the judgment debtor were still living. § 1663. Interest

A rate of interest greater than that allowed on judgments obtained in the district court may not be allowed upon a claim after its allowance by the executor or administrator and approval by the judge; and if the estate is insolvent, a greater rate of interest may not be paid upon a debt, from the time of the first publication of notice to creditors, than is allowed by law upon judgments. If a debt of the decedent bears interest, whether or not filed or presented, the executor or administrator may, by order of the court, pay the amount then accumulated and unpaid or any part thereof, at any time when there are sufficient funds properly applicable thereto, whether or not the claim is then due; and interest shall thereupon cease to accrue upon the amount so paid.

§ 1664. Writing as prerequisite to personal liability of executor or administrator

An executor or administrator is not chargeable upon a special promise to answer in damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or a memorandum or note thereof, is in writing and signed by the executor or administrator, or by another person specially authorized by him in writing.

§ 1665. Claimant not found; deposit with Government; receipt as voucher; final disposition if amount not claimed (a) When an estate is in all other respects ready to be closed, and it is made to appear to the satisfaction of the court, by affidavit or by evidence taken in open court, that an allowed and approved claim has not been and can not be paid because the claimant can not be found, the court shall make an order fixing the amount of the claim, with interest, if any, and directing the executor or administrator to deposit the amount with the Canal Zone Government. The officer of the Canal Zone Government who receives the deposit shall give a receipt for it and shall be liable upon his official bond therefor. The executor or administrator shall at once make the deposit in accordance with the order of court and shall forthwith proceed to close up and settle the estate. Upon the final settlement of his accounts, the receipt of the officer of the Canal Zone Government shall be deemed and received as a proper voucher for the payment of the claim, and shall have the same force and effect as if executed by the claimant.

(b) A person claiming to be entitled to any amount deposited under this section may, within five years after the deposit, petition the court