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SEC. 2. And be it enacted. That if the creditor of any per-
son dying intestate, and without heirs as aforesaid, shall be out
of the state, so that he or she hath not notice of the death of
the intestate in time to enter a caveat as aforesaid, and the real
estate of the deceased shall be escheated, this state will, upon
application of such creditor, pay to the amount received by the
state upon such escheat to the discharge of the just claim of
such creditor, to be made appear to the satisfaction of the chan-
cellor.
CHAPTER 80.
AN ACT to alter and amend the law in certain cases.
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State will
pay credi-
tors in cer-
tain cases,
&c.
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Be it enacted by the General Assembly of Maryland, That
no action, brought or to be brought, in any court of law in this
state, shall abate by the death of either of the parties to such
action, but upon the death of any defendant, in a case where
the action by such death would have abated before this act, the
action shall be continued, and the heir, devisee, executor or
administrator, of the defendant, as the case may require, or other
person interested on the part of the defendant, may appear to
such action ; and in case the action be brought to recover pos-
session of any lands, tenements or hereditaments, and the
proper person to defend doth not appear at the court at which
the death is suggested, the plaintiff may issue a summon,
returnable to the next court, directed to the heir or devisee of
the deceased, or tenant in possession j or other pro per person to
defend in such action, as the case may require, or in case the
action be brought to recover personal chattels, debt or damages,
and the executor, administrator, or other proper person to defend,
doth not appear to such action at the court at which the death
is suggested, the plaintiff may issue a summon, returnable to
the next court, directed to the executor or administrator of the
deceased, or other proper person to defend such action, to
appear; and upon any summon, issued as aforesaid, being
served, the person or persons summoned shall appear to such
action, either in proper person or by attorney, and if it shall
appear to the court that a summon to appear and defend, taken
out as aforesaid, hath been served upon the proper person or
persons to defend such suit, and that such person or persons
neglect or refuse to appear, the court may and shall issue an
attachment of contempt against such person or persons, and
compel him, her or them, to appear to such suit ; and if any
person, being summoned as aforesaid, shall refuse or neglect to
enter an appearance to such suit by the fourth day of the court
next after the court to which such defendant may be summoned
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No action
shall abate,
&c.
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