1654 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

1904, art 75, sec. 31. 1888, art. 75, sec. 30. 1860, art. 2, sec. 6. 1785, ch. 80.
31. In all cases where a new party is made to an action, the costs
which accrued before such new party was made shall be taxed as part
of the costs in such action, and the judgment rendered shall be the
same as if the action had been originally commenced between the persons
who are the parties to such action; provided, that no defendant who is
made a new party to such action shall be burdened with debts, damages
or costs further than property or assets have descended or come to his
hands from the deceased.

Ibid. sec. 32. 1888, art. 75, sec. 31. 1860, art. 2, sec. 7. 1812, ch. 145.

32. If any heir, executor, or other proper person to be made a party
shall reside in a different county than that in which such action is
pending and it may be necessary to make such heir, executor, or other
person a party to such action, a summons may be issued for such heir,
executor or other proper person, directed to the sheriff of the county
where such heir, executor or proper person resides, returnable to the
court from which the same issued; and the same proceedings shall be
had as if such heir, executor or other proper person lived in the county
where the action was pending.

Ibid. sec. 33. 1888, art. 75, sec. 32. 1860, art. 2, sec. 8. 1815, ch. 149.

33. If any defendant in any action shall die pending such action
and the heir or executor of such defendant, or other proper person nec-
essary to be made party to such suit or action, resides out of this State,
the court in which such action is pending shall, on motion, order and
direct a subpoena to be issued, directed to such heir, executor or other
proper person, commanding him to be and appear before such court on
or before the first day of its next session thereafter to answer unto the
plaintiff in such action in the plea therein, if to him it shall seem meet,
which subpoena the plaintiff in the said action may serve, or procure to
be served upon such heir, executor or other proper person; and upon
proving to the satisfaction of the court to which such subpoena shall be
made returnable that the same has been duly served, if the heir, executor
or other proper person so served with the said subpoena shall not appear on
or before the third day of the second term of the said court after such
service, in person or by attorney, and defend such action, the said court,
on motion, shall order and direct a judgment to be entered for the plain-
tiff in such action, by default "nisi," to become absolute on the third
day of the succeeding term of said court, if the said heir, executor or
other proper person shall fail by that day to appear; and if the said
heir, executor or other proper person shall appear on or before the third
day of said succeeding term, in person or by attorney, upon application
to the said court the said judgment shall be stricken out, and the said
heir, executor or other proper person, as the case may be. shall be per-
mitted to appear and defend such action.