ART. 2.] ABATEMENT. 13

third day of the second term of the said court after such service,
in person or by attorney, and defend such action, the said court,
on motion, shall order and direct a judgment to be entered for
the plaintiff in such action, by default "nisi," the third day of
the succeeding term of said court; and if the Said heir, executor,
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, executor, or other proper person as
the case may be, shall be permitted to appear and defend
such action.

9. No case pending in the Court of Appeals shall abate by the
death of either of the parties to such appeal or writ of error, if
the heir, executor, or other proper person to be made a party
shall, at the first or second term succeeding the death of such
party, make the necessary suggestion, and appear to such appeal
or writ of error for the purpose of prosecuting or defending the
same.

10. When the plaintiff in an appeal or writ of error dies before
the term to which such appeal or writ of error is returnable, the
heir, executor, or other proper person to be made a party, may
appear in the Court of Appeals and suggest the death of the
plaintiff, and appear to such appeal or writ of error for the
purpose of prosecuting the same.

11. When a case is under rule argument in the Court of
Appeals, and a party shall die, having an attorney in court, the
Court of Appeals shall give judgment to have the same effect
as if the party were alive; Provided, the heir, executor, or other
proper person, may, if he thinks proper, suggest the death and
become a party in the place of the person so dying.

12. No action in any of the courts this State, either original
or upon appeal, shall abate by reason of the marriage of any of
the parties, but on application of any of the parties, the court
may, upon such terms and notice as to it shall seem proper, allow
and order any amendment of the pleadings and the making of
any new and additional parties that such marriage may render
proper.

J!S_