case hodge against clare demurrer to a to know facias by a administrator  during absence to know facias be bring by John Hodge as administrator to  Alexander Hodge during the absence of Hannah Hodge upon a judgement recover in  this court upon which there be a writ of error bring in the exchequer Chamber  and the judgement affirm the defendant demurrer to the to know facias and for  cause show first it do not appear that any judgement be give in the exchequer  Chamber upon which this to know facias be now bring to have execution for the  word adjudge fuer be leave out second it be not aver that Hannah be absent at  the time of the administration commit to John Hodge and so continue this  objection be answer by the court that the party ought to plead it in the case  of slater v may Mod it be say that the above report of this point of the case  be not law nor agreeable to the roll and in S c ld ray it be determine that if  a administrator durante absence bring a action he must show in his declaration  that the executor or next of kin be in birth beyond sea and then say that upon  search the roll in the above case there appear a full averment that Hannah  Hodge be in birth beyond sea see also major v peck Lutw a three that the  administration be void because of the uncertainty for have pray oyer of the  administration which be read in hc word it appear to be grant durante absence  c and do not say from what place the person be absent this point of the case  be confirm by the opinion of the court in the case of slater v may salk salk  Mod ld ray Danv Abr pl a modern this be also answer by the court that it shall  be intend out of the kingdom fourthly that it must be void because the  ordinary have no power to grant administration by the commonlaw the authority  which he have be give to he by particular statute by the statute of Edward c  common call the statute of Westminster the second he have power to dispose of  the estate of person die intestate by the statute of Edward c he have power to  appoint administrator and by the statute of Henry c that power of grant  administration which before be too general be now restrain to the wife or next  of kin now if the ordinary exceed the authority give to he by these statute  then this court will prohibit he but such a administration as this be not  warrant by any of these law because it be direct to who the administration of  intestates estate shall go but it be not appoint by any of these statute that  it shall be grant to any one during the absence of another and therefore the  grant of this administration must be void it will be very inconvenient if it  shall be otherwise in respect of debtor and creditor because this  administration be determinable upon the return of Hannah Hodge into England of  which all debtor must take notice at their peril and it will modern er p be  also very hard upon the creditor who have commence their action against such  administrator must then begin again but these objection be not allow for all  of they may be make as well against a administrator durante those inferior in  rank lifetime which be very like this case and yet such a administration be  hold good because it be in a manner grant to the right person who have thereby  good authority to receive the estate from a manuscript report of this case  produce by Mr peer William in the case of walker v woollaston Peer win it  appear that Mr Pratt former Lord chief justice be counsel in this cause and  that he object it be a void administration as it may end soon after it be  grant and yet neither the administrator himself nor any of the debtor to the  estate of the decease know when it end because the next of kill may return  from beyond sea and the administrator or the debtor of the decease know  nothing of it that by this mean the debtor of the decease will be draw in to  make payment to the administrator after the next of kill return and consequent  after the administration be determine and that such a administrator durante  absence may be discourage from bring action against the debtor of the decease  forasmuch as such action must abate by the return of the next of kill from  beyond sea before the judgement and the administrator lose his cost but the  court adjudge such a administration grant durante absence to be good because  as state Lutw it will prevent the grand inconvenience that must ensue if the  debt of the decease can not be recover during the absence of the executor  beyond sea add that if any of the debtor of the decease pay his debt to such a  administrator durante absence though it be after the return of the executor  yet if the debtor who pay the money have no notice of such return it will be a  good payment S c Peer wms and in the case of slaughter v may salk holt chief  justice say it be but reasonable that the ordinary shall have power to grant  administration during absence as well as during minority or pendent light and  that such administrator be answerable to the executor see the record of a  action by ail administrator during absence salk b easter term the three of  William and mary in the king and queen bench sir John holt Knt chief justice  sir William dolben Knt sir William Gregory Knt sir Giles eyres Knt justice sir  George Treby Knt attorney general sir John summer Knt solicitor general