ART. 75] ABATEMENT AND REVIVOR. 1653

moned as aforesaid shall refuse or neglect to appear to such action by
the fourth day of the court next after the court to which he may be
summoned to appear, then the court may cause his appearance to be
entered and there shall be the same proceedings therein as if he had
voluntarily appeared, and all the proceedings had before the death of
the party shall be considered as proceedings in the action and such fur-
ther proceedings shall be had to bring the cause fairly to trial as the
court may deem proper.

1904, art. 75, sec. 28. 1888, art. 75, sec. 27. 1860, art. 2, sec. 3. 1785, ch. 80.

28. If the plaintiff in any action mentioned herein shall die before
judgment is given, the heir, executor or other proper person to prosecute
such action may appear and prosecute the same, but if such person does
not appear to prosecute such action at the court at which the death is
suggested, then the defendant may issue a summons returnable to the
next court, directed to the proper person to prosecute such action, and
if such person upon being summoned shall fail to appear the court, upon
being satisfied that the person so summoned is the proper person to
prosecute such action, shall issue an attachment of contempt to compel
the appearance of such person, and if the person so summoned do not
appear to prosecute such action by the fourth day of the court next after
the court to which such summons may be returned served, judgment of
non-suit shall be entered and such judgment shall be as valid and have
the same legal consequences and effect as if the same had been entered
against the original plaintiff in the action; and if the person so sum-
moned to prosecute shall appear to such action at any time before judg-
ment of non-suit shall be 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 to bring the cause fairly
to trial as the court may deem proper.

Where executors appear under this section, the proper time for the filing

of a plea of "ne unqwes executor", is at the term at which the executors

ask leave to appear. Barton Coal Co. v. Cox, 39 Md. 19.

Ibid. sec. 29. 1888, art. 75, sec. 28. 1860. art. 2, sec. 4. 1785, ch. 80.

29. In all cases where a new party has been made to any action
under the provisions of the three preceding sections and the new party
so made, or any other party, shall die before judgment, the proper
person to prosecute or defend such action in the place of a party so
dying shall be made a party to such action and the same proceedings
shall be had to compel the appearance of the proper person to prosecute
or defend as provided for by said sections to compel the appearance of
the proper party on the death of the original plaintiff or defendant.

Ibid. sec. 30. 1888, art. 75, sec. 29. 1860, art. 2, sec. 5. 1785, ch. 80.
30. Any new party to any action may use and rely upon any plead-
ings put in by his predecessor in such action or shall have the same right
to amend the pleadings or proceedings in such action as if he had been
an original party thereto.