632

LAWS OF MARYLAND.— 1815.

of other
counties —
penalty on
neglect to
execute.

process, to the sheriff, surveyor or other officer, of the county
from which such action hath been or may be removed, or to the
sheriff or other officer pf any other county ; and the sheriff,
purveyor or other officer, to whom any such warrant of resur-
vey, order or other process, may be directed and delivered,
shall be bound to execute and obey the same in like manner as
if such warrant of resurvey, order or other process, had issued
from the county court of the county from which such action
was removed, or of the county court of the county in which
such sheriff, surveyor or other officer may reside, and upon the
neglect of such sheriff, surveyor or other officer, to execute and
obey such warrant of resurvey, order or other process, the
county court to which any such action shall or may be re-
moved, and to which such warrant of resurvey, order or
other process, may be returnable, shall, on motion, and upon
proof of the delivery of any such warrant of resurvey, order or
other process, amerce such sheriff, surveyor or other officer, and
enter up judgment in the manner provided and directed by the
first section of this act.
See the act of 1817, ch. 139, providing for the conveyance and return of
process issued from the court of one county to the officers of another.

Suits which
are not to
abate by
the death
of either
party,
further
proceedings
may be hud,
&c.

SEC. 3. And be it enacted, That if any suit or action brought
or to be brought in any court of law in this state, which by law
is not to abate by the death of either of the parties thereto, and
a declaration hath been or may be filed before the death of the
plaintiff therein, further proceedings may be had upon the
declaration so filed, but the executor or administrator, as the
case may require, or other proper person interested on the part
of the deceased, may at any time after appearance, have liberty
to amend such declaration, in the same manner as it might
have been done by the original plaintiff if living.

Persons
absent
becoming
parties—
subpoenas
may be
issued.

SEC. 4. And be it enacted. That if the defendant in any suit
or action hath died, or hereafter shall die, whilst such suit or
action shall be depending, and the heir, devisee, executor or
administrator, of such defendant, as the case may require, or
other proper person, necessary to be made party to such suit or
action, resides out of this state, the court in which such suit or
action is or may be depending, shall on motion order and direct
a subpoena to be issued, directed to such heir, devisee, executor,
administrator or other proper person, as the case may require,
commanding him, her or them, to be and appear before such
court on or before the first day of its next session thereafter, to
answer unto the plaintiff in such suit or action, in the plea
therein, if to him, her or them, it shall seem meet, which sub-
poena the plaintiff in the said suit or action may serve, or pro-
cure to be served, upon such heir, devisee, executor, adminis-
trator or other proper person ; and upon proving to the satisfac-