archbishop OF Canterbury versus will hill Ann B R ante since the stat car  administrator be bind to account without citation Lutw in debt upon a bind  enter into by a administrator to the ordinary upon take letter of  administration the question be whether a administrator by virtue of this  obligation be bind to go and give in his account in the spiritual court  without be cite et per holt chief justice who deliver the opinion of the court  it be say saint that it appear by the statute of Edward the three that a  executor be compellable to account before the ordinary and so be a  administrator but then Salkeld er p the ordinary be to take the account as  give in and can not oblige they to prove the item of it nor swear Salkeld to  the truth of they vide Noy Inst so it be of a creditor sue in the  ecclesiastical court for he have a proper remedy at commonlaw but if a legatee  have sue for a account in the ecclesiastical court the defendant before the  statute be compellable to prove the whole account for the legatee have no  other remedy and the ecclesiastical court which have a jurisdiction of legacy  can not otherwise do right yet in such a case if the executor will pay he he  can not sue far for he have right do he the executor be not liable but of  necessity that right may be do raym dly a person entitle to distribution on  the car be in consequence entitle to sue for a account as a legatee be for the  next of kin be a legatee by the statute and as a statute legatee shall have  the same remedy as the other legatee may before the statute the condition of a  administrationbond be to account when require so it appear by   Ent ergo he be  to account before he be legal cite which can not be ex duty and therefore the  statute James whereby the ordinary be prohibit from cite he in ex duty have  real no effect at all for the law be so before but since the statute of car  the condition of administrationbonds be that he account at a day certain he  must account accord at peril and that without citation or suit and this  account must be in court and if he come at the day and no court be hold he  shall be excuse for he may plead he be ready and no court c but then this  account be not examinable unless a party interest come in and controvert it  and whereas by the word of the condition he be to administer well and true  that shall be construe in bring in his account and not in pay the debt of the  intestate and therefore a creditor shall not take a assignment of the bind and  sue it and assign for breach of the nonpayment of a debt to he or a devastavit  commit by the administrator for that will be needless and infinite a a vide  atk Cowp ambler