as aforesaid, shall refuse or neglect to enter an appearance to such suit
by the fourth day of the court next after the court to which such defendant
may be summoned to appear, then the court shall and may cause the
appearance of such person to be entered to such action, and there shall
therein be the same proceedings as if such person or persons had voluntarily
appeared, and the court may also fine such person for not appearing a sum
not exceeding ten pounds current money; and in all cases aforesaid, all
proceedings had before the death of the party shall be considered as proceedings
in the action, and such further proceedings shall be had as may
by the court be judged necessary and proper to bring the cause fairly to
trial; and the court shall have full power and authority, upon just cause
being shewn, to suffer any pleas put in by the deceased to be withdrawn
and other pleas to be put in, and shall have full power and authority to
make, and cause to be executed, such rules and orders in the case, and to
direct such proceedings therein, as may be judged proper and necessary to
bring the merits of the question between the parties fairly to trial; and
in all such cases the same judgment shall be given as if the action had
been originally commenced against the person or persons appearing or
summoned to appear as aforesaid, and the costs accruing before the death
shall be taxed as part of the costs in the action; provided, that no person
so summoned to appear shall be burthened with debt, damages or costs,
further than property pr assets have descended or come to his, her or their
hands, from the deceased; and if the person or persons so summoned shall
die before a trial and judgment had in the case, then there may be similar
proceedings to bring the cause to trial and judgment against the person or
persons claiming or in possession of the property for which the action is or
may be brought, or representing the first deceased, and judgment shall be
given and costs taxed as aforesaid, and so toties quoties until a trial and
judgment shall be had; and in case the plaintiff or plaintiffs, in any action
aforesaid, shall die before the same may be tried and judgment given,
and such death would abate the action before this act, the appearance of
the heir, devisee, executor or administrator, as the case may require, or
other proper person to prosecute such suits, shall be admitted to be entered
to the same; and if the heir, devisee, executor or administrator, as the
case may require, or other proper person to prosecute such action, do not
appear at the court at which the death shall be suggested, then the defendant
or defendants may issue summon, returnable to the next court,
to the heir, devisee, executor or administrator of the deceased, as the case
may require, or other proper person to prosecute such suit, directed, and
upon such summon being served, the person or persons upon whom served
shall appear according to such summon, and the court shall and may, upon its
being made appear to their satisfaction that such summon was duly served,
and that the person or persons so summoned are the proper person or
persons to prosecute such suit, issue attachment of contempt to compel an
appearance of such person or persons to prosecute such action, and if the
person or persons so summoned do not appear to prosecute such action,
either in proper person or by attorney, by the fourth day of the court
next after the court to which such summon may be returned served,
judgment of nonsuit shall be entered, and such judgment, when entered,
shall be of the same validity, and have every legal consequence, to all
intents, purposes and effects, as if the same had been entered against the
original plaintiff in the case, and the court may fine such person for not
appearing a sum not exceeding ten pounds current money; and if the
person or persons so summoned to prosecute the action aforesaid, shall
appear to such action at any time before judgment of nonsuit entered
as aforesaid, all proceedings in the action had before the death shall be
considered as proceedings in the cause, and such other proceedings shall 
be had as may by the court be judged necessary and proper to bring the
cause fairly to trial; and the court shall have full power and authority,

CHAP.
LXXX.