[ART. 49. JOINT OBLIGATIONS AND JOINT TENANCY. 349

4. If either of the obligors, against whom a joint action shall
be brought, shall die pending the same, the plaintiff may suggest
such death, and the court shall cause the suggestion to be entered
of record, and shall direct the clerk to docket an action as of
the same term in which the suggestion is entered, in the name
of the plaintiff against the obligor so dying; and in such action
the same proceedings shall be had to make the executor or ad-
ministrator of the deceased obligor a party thereto, as if the
original action had been brought separately against all the
obligors.

5. If any of the obligors against whom a joint action is
brought, and judgment obtained thereon, shall die after judg-
ment, the plaintiff may issue a scire facias on said judgment
against the executors or administrators of the deceased de-
fendant, and such judgment shall be had on the said scire facias
as if the judgment had been rendered in a separate action.

6. If the obligors in any bond, penal or single bill, reside in
different counties, they may be sued in the counties in which
they respectively reside; but all residing in the same county
shall be sued in one action.

7. When any writ against joint and several obligors shall be
returned summoned as to one or more, and non est as to the
others, the clerk may renew the writ against those upon whom
it has not been served, and upon service upon the other obligors
and return thereof, the obligors may pray the court to con-
solidate the actions, and the court may so consolidate such
actions that no delay shall be caused thereby; but judgment
shall be entered against the obligor last summoned at the same
term as against the obligors first summoned, and in no case shall
delay be occasioned by such consolidation.

8. Where two or more actions on obligations conditioned for
the payment of any money, or two or more actions on the case
arising ex contractu by and between the same plaintiff and the
same defendant, shall be brought at the same term, the court
in which such actions are pending shall, on motion of the de-
fendant, order the said actions to be consolidated, and when
consolidated shall direct the clerk to tax the cost of but one
action.