70 CHANCERY. [ART. 16.

18. Each commissioner appointed by the court shall be
entitled to two dollars per day for each day he shall attend
in the execution of the commission; any person acting as
surveyor shall receive such per diem allowance as shall be
adjudged by the commissioners, act exceeding four dollars per
day; each chain carrier shall receive seventy-five cents, and
each witness fifty cents for each day they shall respectively
attend, to be paid by the person at whose request the service
shall be performed, and if necessary, attachment of contempt
shall be issued by the court issuing the commission to compel
such payment.

ARTICLE XVI.
Chancery.

ABATEMENT AND REVIVOR.

SEC. 1. No suit in chancery shall abate by the death of any
of the parties in cases where the rights involved in the suit
survive.

2. If any of the parties to a suit in chancery, whether com-
plainant or defendant, shall die after the filing of the bill or
petition, it shall not be necessary to file a bill of revivor; but
any of the surviving parties may file a suggestion of such death,
Betting forth when the death occurred, and who is the legal
representative of such deceased party, and how he is representa-
tive, whether by devise, descent, or otherwise.

3. Upon such suggestiou, a subpoena shall issue for the
legal representative of the deceased party, commanding him to
appear and be made a party to such suit, if such representative
reside in this State; and if such representative is a non-resident,
then such notice shall be given, instead of the subpoena, as is
provided for non-resident defendants.

4. Any representative of a deceased party may appear and
suggest in writing the death of the party under whom he claims,
and be made a party in place of the person so dying, and proceed
with the suit, on giving such notice to the opposite party as the
court may direct.