546 ALLEN v. BURKE.

bar, &c.(e) the court will, without requiring any appearance to be>
entered, on motion, at any time after the first four days of the term
to which the party has been returned summoned, order the decree
to stand revived.(f) 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 maybe 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 Mien stand
over, with leave so to amend it as to pray for a subpoena 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
subpoena scire facias, in the following form, was issued :

" Maryland, sct:—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 Allen, should not stand revived against you at the
suit of Sarah Allen, administratrix with the will annexed of the said
late Richard Allen, as prayed by her petition in the said court exhi-
bited. Hereof fail not, as you will answer the contrary at your
peril. Witness the Honourable 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.

18th March, 1829.—BLAND, Chancellor.—It appearing by the
return of the subpoena scire facias, that the said defendants have

(*) Comber's Case, 1 P. Will. 767.—(f) I Harr. Pra. Cha. 670; 2 Harr. Pra.
Cha. 191; 2 Fowl. Exch, Pra.301, 305, 419.