LAWS OF MARYLAND.— 1815.

633

tion of the court to which such subpoena shall be made return-
able, that the same has been duly served, if the heir, devisee,
executor, administrator or other proper person, so served with
the said subpoena, shall not appear on or before the third day of
the second term of the said court after such service, in person
or by attorney, and defend such suit or action, the said court on
motion shall order and direct a judgment to be entered for the
plaintiff in such suit or action, by default nisi the third day
of the succeeding term of said court; and if the said heir,
devisee, executor, administrator or other proper person, shall
appear on or before the third day of said succeeding term, in
person or by attorney, upon application to the said court, the
said judgment shall , be stricken out, and the said heir, devisee,
executor, administrator or other proper person, as the case may
be, shall be permitted to appear and defend such suit or action.
See 1785, ch. 80, ante page 229.

SEC. 5. And be it enacted, That where any person against
whom any judgment or decree hath been or shall be rendered
or passed, hath appealed or shall appeal from such judgment or
decree, or hath brought, or shall bring a writ of error to the
court of appeals, to which such appeal or writ of error may
be made returnable, it shall and may be lawful for the heir,
devisee, executor or administrator, of the deceased, or other
proper person necessary to be made a party to such appeal or
writ of error, to appear in the couft of appeals, in person or by
attorney, and suggest the death of such appellant or plaintiff in
error, and appear to such appeal or writ of error, for the purpose
of prosecuting the same, and the same proceedings shall be
thereupon had as in other cases of appeals or writs of error.
See 1806, ch. 90, sec. 11, ante page 547.

On appeals,
&c. where
appellant
dies. &o.
the heir,
&c.. may
appear.

SEC. 6. And be it enacted, That in all appeals or writs of
error depending or hereafter to be depending in the court of
appeals of either shore, the same shall not abate by the death of
either of the parties to such appeal or writ of error, if the heir,
devisee, executor or administrator, of the deceased party, or
other proper person necessary to be made a party to such appeal
or writ of error, shall in the said court of appeals, at the first or
second term succeeding the death of such party, either in per-
son or by attorney, make the necessary suggestion, and appear
to such appeal or writ of error for the purpose of prosecuting or
defending the same, and the same proceedings shall be there-
upon had as in other cases of appeals or writs of error.

80

Appeals not
to abate by
death, if
heirs, &c.
appear.