Section 39:
Creditor’s suit against Administrator-General.
(1) If any suit be brought by a creditor against
any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that
not less than one month previous to the institution of the suit he had applied in writing to the
Administrator-General, stating the amount and other particulars of his claim, and had given such evidence
in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled
to require.
(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured
creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the
assets of the deceased equally and rateable with the other creditors.