
    *Treasurer of Guernsey County, for Use, etc. v. Lennington’s Adm’rs.
    The law of 1834, directing upon what- liquidation of an executor or administrator’s accounts suit may he sustained against securities, does not apply to suits commenced before the passage of that law.
    This cause was adjourned from the county of Guernsey. It was an action of debt, upon the bond of an administrator, and brought against the securities. The bond was taken under the law of 1816, and'the suit was commenced before the taking effect of the law of 1834 on this subject. The case made in the declaration is this:
    Upon the death of Thomas Haines, the intestate, Lennington, and John Haines, were appointed administrators of Thomas Haines deceased, gave bond, qualified, and took upon themselves the execution of the duties of administrators of Thomas Haines, deceased. In the execution of their duties, they received considerable sums of money of the estate of Thomas Haines. No account was rendered of their administration, although the time allowed by law, and further time extended by the.court, expired in Lennington’.s lifetime, who died, leaving the whole business unsettled, and administration upon his estate was granted to the defendants. The declaration then recites that subsequent to the death of Lennington, the individual for whose use the suit was brought, recovered two judgments against J. Haines, surviving administrator of T. Haines, for debts due from T. Haines in his lifetime. The breach assigned, is for the nonpayment of these judgments. The defendants demur, .generally, to the declaration.
    B. S. Cowen, for plaintiff.
    W. B. Beebee, for defendants.
   Judge Collett

delivered the opinion of the court:

A number of questions are raised in this cause, which it is unnecessary now to decide. The suit was brought before the statute' of 1834, directing upon what liquidation of the accounts of executors or administrators suits should be sustained against their securities. It must be decided upon the rules established before the enaction of that statute. These are laid down in Chaplain v. Treasurer of Champaign County 4 Ohio, 98, and Treasurer of Montgomery County v. Kemp, 5 Ohio, 241. Upon the authority of these cases the demurrer must be sustained.  