HALL v. HALL. 131

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.

30th October, 1826.—BLAND, Chancellor.—It is perfectly obvious,
that the fourth, fifth, sixth, and seventh sections of the act of 1820,
ch. 161, have done nothing more than to authorize a party to
pursue the course therein prescribed in place of a bill of revivor.
It is declared, that if a party shall die, " it shall not be necessary
to file a bill of revivor," but that this new method may be taken
for renovating the suit. The act has neither expressly nor impliedly
abrogated the mode of reviving a suit by bill of revivor; but has
only given this new method of proceeding as an additional mode
of attaining that object, which before could only be effected by a

13th July, 1821. — KILTY, Chancellor. — A motion was made by counsel for a new
party 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 cases.

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

2d. By this act the court is to be satisfied of the death, and of the applicant's being
the legal representative; which cannot be done without some proof. The proof
required, will be an exhibition of the letters, or an exemplification 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 not 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, tbat 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

In deciding on the construction of the 4th section of the act, I have considered,
that it is not, in any way, affected by the directions in the 7th section; 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.