HAIL v. HALL.—1 BLAND. 121

After which this new plaintiff, Elizabeth Hall, having abated
her suit by her marriage with John B. Bayliss, they filed their
petition, stating the fact, and praying to have it revived in the
mode allowed by the Act of 1820, ch. 161; which petition they
submitted without argument.

conveyance of a certain chattel real, made by the defendant William to the
defendant John, on the ground, that it had been fraudulently made to de-
feat a judgment at law obtained by the plaintiff against the defendant Wil-
liam; upon which judgment the plaintiff had issued an execution, and bad
it returned without its having been delivered to the sheriff: after which he
had issued another fieri facias, upon which, the sheriff had returned nulla
bona. The plaintiff, by his bill, prayed, that the deed might be declared
void; and. that he might be relieved according to the equity and nature of
his case.

The defendants were summoned, and both of them appeared, but failed to
answer the bill. After which the solicitor of the plaintiff came into Court,
and suggested his client's death, and moved, that his legal representatives
might be made parties.

KILTY, C., 13th July, 1821.—A motion was made by counsel for a new
trial to be entered on the death of the complainant, under the Act of 1820.
ch. 161; and some observations were made by other counsel, with a view to
the future practice.

On considering the Act. the following decisions are made as to the present
motion, which will, of course, serve in future eases.

1st. The application must be by petition or motion, reduced to writing,
suggesting the death, and praying to be made a party.

3d. By this Act the Court is to be satisfied of the death, and of the appli-
cant's being the legal representative; which cannot be done without some
proof. The proof required, will be an exhibition of the letters, or an ex-
emplification thereof, or a certificate of the register, under seal, of their
having been issued; or an affidavit of the death and administration.

3d. An order will then be passed, by the Court, to admit such applicant as
a party in place of the deceased.

4th. A minute of the application, and of the order, is to be entered on the
docket by the register.

5th. The notice of the admission required by the Act shall be given to the
opposite party or parties, if residing, or found within the State, by serving
an attested copy of the order, or leaving it at their usual place of abode; on
proof of which being filed, the new party may proceed in the suit, and aot
before.

6th. If the opposite party resides out of the State, a form of publication
must be prepared, stating briefly the application, and order of admission,
with the following conclusion, viz. "It is thereupon ordered, that the said
——— give notice of his admission as aforesaid, by causing a copy of this
order to be published at least once in each of three successive weeks in
the ———, to the end, that the opposite party may shew cause, if any he
hath, to the contrary, on or before the ——— day of ———

In deciding on the construction of the 4th section of the Act. I have con-
sidered, that it is not, in any way, affected by the directions in the 7th sec-
tion ; and also, that it is not to be regulated by the practice of the Courts of
law. under the Act of 1785, the words of which are, that the appearance of
the executor. &c., shall be admitted to be entered.