344 HIGH COURT OF CHANCERY.

always promoted by facilitating the administration of public
justice—would be advanced by such extension of the law.
The acts of the legislature, and especially those of the charac-
ter now under consideration, are to receive a free and liberal
interpretation; but, they are not to be so expanded as to com-
prehend cases altogether beyond their purview.

So to apply and enlarge the law, would be judicial legisla-
tion under the guise of interpretation.

The first section of the act was intended to cure the evil re-
sulting from the death of defendants before the cause had ripen-
ed into a final decree; and, for that purpose authorizes the
court, in its discretion, to order the cause to be proceeded in as
if no such death had occurred, or, to direct a bill of revivor lo
be filed against the proper representative of the deceased, as
may appear best calculated to advance the purposes of justice.

The second section was designed to supply a more expedi-
tious mode of reaping the fruits of decrees already passed, and
which, by the death of parties, subsequently, would therefore
have abated. It declares, that a final decree shall not necessa-
rily abate by the suggestion of the death of any one of the par-
ties thereto; but, the court, in such case, may order execution
to be made of such decree, as if no such death had occurred,
or require a subpcena scieri facias to be issued, or bill ofrevivor
to be filed against the proper representative, or pass such other
order or direct such other proceedings as may seem best calcu-
lated to advance the ends of justice.

This law, however, only provides a more summary and eco-
nomical remedy when cases abate, either before or after decree,
by the death of parties. The first section provides for the case
of death of defendants only, but the succeeding section extends
to the death of any one of the parties to the decree, and, of
course, was intended to afford a more expeditious method of re-
alising the fruits of a decree, notwithstanding the death of
either plaintiff or defendant, than the law and practice of the
court had before given.

But, the act does not embrace the case of a decree become
dormant by lapse of time, and when the law presumes from the