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Recovery of legacies and arrears of annuities not exceeding 20l. charged on real estate.
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55. It shall and may be lawful for any legatee of any pecuniary legacy not exceeding twenty pounds charged upon or payable out of any real estate or any chattel real, or for any person to whom arrears not exceeding twenty pounds are due in respect of any rent-charge or annuity charged upon or payable out of any real estate or chattel real, to proceed by civil bill against the person who shall be entitled to the real estate or chattel real charged with such legacy or arrears; and it shall and may be lawful for the assistant barrister, upon due proof by the plaintiff that such real estate or chattel real is liable to such legacy or arrears, unless the owner thereof shall satisfy the said assistant barrister that he has not received therefrom, for his own use and benefit, a sum equal to the amount of the legacy or sum sought to be recovered, and which was properly applicable to the payment thereof, or that there is personal property liable to the payment thereof available for that purpose, to decree the payment of such legacy or arrears by the owner of such real estate or chattel real.
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