If satisfied in these particulars the surrogate was then re-
quired to ascertain whether sufficient moneys might not be



■<3h. I, § 3] DEVELOPMENT OF THE PROCEDURE. 7

raised by a mortgage or lease, and, if so, it was made his duty
to direct such a disposition of the property; but no lease
could be made " for a longer time, than until the youngest
person, interested' in the real estate leased, shall become
twenty-one years of age." If, however, it should appear to
the surrogate that the requisite moneys could not be so raised
advantageously to the estate, he was required " from time to
time," to order a sale of so much of the real estate " as shall
be sufficient to pay the debts, which the surrogate shall have
entered in his books, as valid and subsisting." But before
making an order for the disposition of any real estate the
executor or administrator was required to give a bond, and in
case of his failure so to do the surrogate appointed a disin-
terested freeholder to give the requisite security and make
the mortgage, lease or sale. Each step in the proceeding was
carefully provided for. The surrogate was authorized to
direct the order in which several tracts, lots, or pieces should
be sold ; but if it appeared that any part of such real estate
had been devised, and not charged in such devise with the
payment of debts, he was required to order that the part de-
scended to heirs, be sold before that so devised ; and if it 'ap-
peared that any lands devised or descended had been sold
by the heirs or devisees, then the lands remaining in their
hands unsold must be ordered to be first sold, and in no case
could " land devised, expressly charged with the payment of
■debts, be sold under any order of a surrogate."

After the sale a report thereof was made to the surrogate
who was required to " examine the proceedings " and, in
his discretion, was authorized to vacate the sale and order a
new one, or to confirm the sale and direct a conveyance to be
executed. 