ART. 16.] CHANCERY. 71

5. Where an executor or administrator dies who was origin-
ally a party, or has been made a party as the representative
of a deceased party, the same proceedings as above stated shall
be had to make the proper parties, and these provisions are to
apply to any series of deaths which may occur to representa-
tives who are parties, or who are made parties in the progress
of the suit.

6. If any party shall die after a cause has been set down
for hearing, or submitted by both parties as ready for decision,
the decree may be passed as if such party were alive, he having
a solicitor in court; and such decree shall have the same effect
as if no death had occurred, except that it shall not be entitled
to a preference in the distribution of assets, either real or
personal.

7. If any defendant shall die after a decree for an account,
sale or partition, or after such other proceedings have been had
after appearance as would have warranted the passing of such
decree, or if such deceased defendant shall have answered, con-
fessing the facts stated in the bill, or shall have set up no defence
to the relief therein prayed, the court may in its discretion order
the case to be proceeded in as if no death had occurred, or may
order a bill of revivor or a supplemental bill to be filed, and
the proper representative of such deceased defendant to be a
party, as may seem best calculated to advance the purposes
of justice; Provided, that the heir or other proper representa-
tive of such deceased defendant, at any time before final decree,
may appear and be made a party on such reasonable terms as
the court may direct, and such new party may file an answer to
the original bill, subject to such terms as the court may impose,
in which he may insist on such defences, and none other, as might
have been made if a bill of revivor, or supplemental bill in nature
of a bill of revivor, had been filed against him.

8. If any of the parties to a suit die after final decree, the
court may order execution of such decree as if no death had
occurred, or the court may order a subpoena scire facias to be
issued, or a bill of revivor to be filed against the proper repre-
sentatives of such deceased party, or pass such other order or
direct such other proceedings as may seem best calculated to
advance the purposes of justice; Provided, that the heir or other
proper representative may appear at any time before execution
of said decree, and be admitted a party to the suit, on such