1.  In  actions  by  executors  or  administrators,  if  the  plaintiff  fail,  the  Costs  where
costs  shall,  unless  the  court  shall  otherwise  order,  be  awarded  in  favour  P^*^^^  ^^'
of  the  defendant,  and  shall  be  levied  de  bonis  prapriis.
2.  Where  an  executor  or  administrator,  plaintiff  or  defendant,  shall  Costs  on  non^
not  appear  on  the  day  of  hearing,  the  provisions  of  sections  79  and  80  of  *R?2^JfJ*'
"The  County  Courts  Act,  1846"  (*),  and  of  section  10  of  "The  County  ^^^''p^^-
Courts  Acts,  1850"  (c),  shall  apply  respectively,  subject  to  the  rules
applicable  to  executors  or  administrators  suing  or  sued.
3.  A  party  suing  an  executor  or  administrator  may  charge  in  the  Devastayit
summons,  that  the  defendant  has  had  assets,  and  has  wasted  them,  and

he  shall  state  in  his  particulars  the  amount  of  assets  alleged  to  have
been  left  by  the  deceased,  and  the  manner  in  which  the  said  assets
have  been  wasted.
4.  In  all  cases  where  the  defendant  is  so  charged  in  the  summons,  if  Judgment
the  court  shall  be  of  opinion  that  the  defendant  has  wasted  the  assets,  Jl!j5[*char^
the  judgment  shall  be  that  the  debt  or  damage  and  costs  shall  be  levied     ^   ^     ^   *
de  lionis  tesiatorisy  siy  &c.,  et  si  non^  de  bonis  propriis  ;  and  the  non-payment

of  the  amount  of  the  demand  immediately  on  the  court  finding  such
demand  to  be  correct,  and  that  the  defendant  is  chargeable  in  respect
of  assets,  shall  be  conclusive  evidence  of  wasting  to  the  amount  with
which  he  is  so  chargeable.
5.  Where  a  defendant  sued  as  an  executor  or  administrator  admits  judgment
his  representative  character,  and  only  denies  the  demand,  if  the  plaintiff  J^^JJf^JJ^
prove  it,  the  judgment  shall  be  that  the  demand  and  costs  shall  be  mitted.
