LAWS OF MARYLAND.— 1820.

733

and the filing of such answer or answers shall in no case affect
the validity of any commission previously issued to take testi-
mony, or of the proceedings, or any of them, under such com-
mission, or of any testimony previously taken and returned
under any such commission.

SEC. 4. And be it enacted, That whenever, after the filing of
any bill in the chancery court, or in any county court exercising
chancery powers, either or any of the parties shall die or shall
have died, it shall not be necessary to file a bill of revivor for
or against the legal representative or representatives of such
party or parties, in order to make them parties to such bill ; but
such representative or representatives may come in by solicitor
or in person and suggest the death of his, her or their testator,
intestate, devisor or ancestor, as the case may be, and pray to
be made party or parties instead of the deceased, whereupon the
court, on being satisfied that such testator, intestate, devisor or
ancestor, is dead, and that such applicant or applicants are his
or her legal representative or representatives, by descent, devise,
or otherwise, shall be and hereby is authorized and required to
admit such applicant or applicants as party or parties to the suit,
in place of the deceased, and to proceed in the cause in all re-
spects as if such new party or parties had been made, on bill of
revivor and answer, such reasonable notice of such admission
as the court shall direct being first given to the opposite party
or parties, if residing or found within the state, by serving it
personally, or leaving it at his, her, or their usual place of abode,
and if residing elsewhere, by publication as in the case of ab-
sent defendants.

After filing
bill if
either of
the parties
should die,
not neces-
sary to file
a bill of
revivor, &c.

SEC. 5. And be it enacted. That whenever, after the filing of
any bill in the chancery court, or any county court exercising
chancery powers, any of the parties shall die or shall have died,
and the legal representative or representatives of such party shall
fail or neglect to appear, and cause him, her or themselves, to
be made party or parties instead of such deceased party, within
the four first days of the term next after such death, the oppo-
site party or parties, or any of them, may file a suggestion of
such death, setting forth when it took place, and whether the
said deceased party left a will or died intestate, and who are his
or her executors, administrators, devisees or heirs, as the case
may be, whereupon it shall be the duty of the court, and it is
hereby authorized, to issue a summons to the executors, admi-
nistrators, heirs and devisees, of the said deceased party, or
either or any of them, as the case may be, commanding him,
her or them, to appear at such time as the court in its discretion
shall direct, and be made parties to the said suit, instead of the
said deceased party ; which summons, in case the party or
parties to whom it is directed shall reside within this state,

Represen-
tative of
party dying
and failing
to appear,
opposite
party may
file a sug-
gestion of
death, &c.