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No action
shall abate
&c.
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to appear, then the court shall and may cause the appearance of
such person to be entered to such action, and there shall therein
be the same proceedings as if such person or persons had volun-
tarily appeared, and the court may also fine such person for not
appearing a sum not exceeding ten pounds current money; and
in all cases aforesaid, all proceedings had before the death of
the party shall be considered as proceedings in the action, and
such further proceedings shall be had as may by the court be
judged necessary and proper to bring the cause fairly to trial ;
and the court shall have full power and authority, upon just
cause being shewn, to suffer any pleas put in by the deceased
to be withdrawn and other pleas to be put in, and shall have full
power and authority to make, and cause to be executed, such
rules and orders in the case, and to direct such proceedings
therein, as may be judged proper and necessary to bring the
merits of the question between the parties fairly to trial; and in
all such cases the same judgment shall be given as if the action
had been originally commenced against the person or persons
appearing or summoned to appear as aforesaid, and the costs
accruing before the death shall be taxed as part of the costs in
the action ; provided, that no person so summoned to appear
shall be burthened with debt, damages or costs, further than
property or assets have descended or come to his, her or their
hands, from the deceased ; and if the person or persons so
summoned shall die before a trial and judgment had in the case,
then there may be similar proceedings to bring the cause to
trial and judgment against the person or persons claiming or in
possession of the property for which the action is or may be
brought, or representing the first deceased, and judgment shall
be given and costs taxed as aforesaid, and so toties quoties until
a trial and judgment shall be had ; and in case the plaintiff or
plaintiffs, in any action aforesaid, shall die before the same may
be tried and judgment given, and such death would abate the
action before this act, the appearance of the heir, devisee, execu-
tor or administrator, as the case may require, or other proper
person to prosecute such suits, shall be admitted to be entered
to the same; and if the heir, devisee, executor or adminis-
trator, as the case may require, or other proper person to
prosecute such action, do not appear at the court at which
the death shall be suggested, then the defendant or defen-
dants may issue summon, returnable to the next court, to the
heir, devisee, executor or administrator of the deceased, as
the case may require, or other proper person to prosecute such
suit, directed, and upon such summon being served, the person
or persons upon whom served shall appear according to such
summon, and the court shall and may, upon its being made
appear to their satisfaction that such summon was duly served,
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