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and that the person or persons so summoned are the proper
person or persons to prosecute such suit, issue attachment of
contempt to compel an appearance of such person or persons to
prosecute such action, and if the person or persons so summoned
do not appear to prosecute such action, either in proper person
or by attorney, by the fourth day of the court next after the
court to which such summon may be returned served, judgment
of non-suit shall be entered, and such judgment, when entered,
shall be of the same validity, and have every legal consequence,
to all intents, purposes and effects, as if the same had been
entered against the original plaintiff in the case, and the court
may fine such person for not appearing a sum not exceeding ten
pounds current money ; and if the person or persons so sum-
moned to prosecute the action aforesaid shall appear to such
action at any time before judgment of non-suit entered as afore-
said, all proceedings in the action had before the death shall be
considered as proceedings in the cause, and such other pro-
ceedings shall be had as may by the court be judged necessary
and proper so bring the cause fairly to trial ; and the court shall
have full power and authority, upon just cause being shewn, to
suffer any proceeding by the plaintiff or the defendant to be
corrected or altered, and also 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
necessary and proper to bring the merits of the question between
the parties fairly to trial ; and in all such cases such judgment
shall be given as if the action had been originally brought by the
plaintiff or plaintiffs so 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 ; and if the person appearing as
aforesaid shall die before trial and judgment had in the case, the
heir, devisee, executor or administrator, of the person so appear-
ing as aforesaid, or the executor or administrator of the deceased,
as the case may require, or other proper person to prosecute
such suit, may appear or be compelled to appear as aforesaid,
and there shall be such proceeding Judgment and costs taxed
as aforesaid, and so toties quoties until there be a trial and judg-
ment had in the case ; and in all cases of death of the plaintiff,
after the appearance of the defendant's heir, devisee, executor
or administrator, or other proper person to defend as aforesaid,
and all cases of death of the defendant after appearance of the
plaintiff's heir, devisee, executor, administrator, or other proper
person to prosecute such suit, shall be taken and considered as
within the meaning and provision of this act ; and in case there
be no appearance or proceeding by either party in any case
aforesaid before the tenth day of the second court after the death
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No action
shall abate,
&c.
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