ALLEN v. BURKE.— 1 BLAND. 513

in * bar, &c. Comber's Case, I P. Will 767. The Court will,
without requiring any appearance to be entered, on motion, 546
at any time after the first four daj s of the term to which the party
has been returned summoned, order the decree to stand revived.
1 Harr. Pro. Cha. C70; 2 Harr. Pra. Clia. 191; 2 Fowl. Excli. Pro.
301, 305, 419. The Court of Chancery in this, as in various other
particulars, regulates its proceeding by analogy to the course of
the common law. according to which, where after judgment a party
dies, the judgment may be revived by a scire facias, on which, if
returned made known, and no cause is shewn, the judgment is at
once ordered to stand revived without an appearance. So in
Chancery. But in this case nothing more than a common subpoena
to answer has been issued. No subpoena scire facias has been as
yet either asked for, issued or made known. Therefore it is

Ordered, that the said petition of the said Sarah Alien stand
over, with leave so to amend it as to pray for a subposna scire facias,
and until such process can be issued and returned to the term next
after the same shall have been issued.

The petition was amended as suggested by this order, and a sub-
po?na scire facias, in the following form, was issued:

"Maryland, set:—The State of Maryland, to Micajah Burke,
Elizabeth Burke, and William Comegys, of Baltimore County,
Greeting; You are hereby commanded, that all excuses set apart
you personally be and appear before the High Court of Chancery,
to be held at the City of Annapolis on the second Tuesday of
March next, to shew cause, if any you have, why a decree passed
by the said Court on the 29th day of April, 1828, against you, at
the suit of the late Richard Alien, should not stand revived against
you at the suit of Sarah Alien, administratrix with the will annexed
of the said late Richard Alien, as prayed by her petition in the
said Court exhibited. Hereof fail not, as you will answer the con-
trary at your peril. Witness the Honorable THEODORICK BLAND,
Chancellor, this 16th day of February, Anno Domini, 1829.

"Test, RAMSAY WATERS, Reg. Cur. Can."

The sheriff on the 6th of March, 1829, returned the writ thus
endorsed: " Summoned Comegys, summoned Micajah Burke and
Elizabeth Burke." Upon which the matter was again brought
before the Court.

BLANK, C., 18th March, 1829.—It appearing by the return of
the subpoena scire facias, that the said defendants have
* been summoned, and no cause having been shewn, it is 547
therefore ordered, that the said decree stand revived to all intents
and purposes whatever in favor of the said Sarah Alien, adminis-
tratrix with the will annexed of the said late Richard Alien,
against the said defendants Micajah Burke, Elizabeth Burke,
33 1 B.