344 CHANCERY. [ART. 16

made a party to such suit, if such representative resides in this State;
and if such representative is a non-resident, then such notice shall be
given, instead of the subpoena, as is provided for non-resident defend-
ants.

Cited but not construed in Townshend v. Duncau. 2 Bl. 47; Chase v. Man-
hardt. 1 Bl. 336.

1904, art. 16. sec. 4. 1888, art. 16. sec. 4. 1860. art. 16, sec. 4. 1820, ch. 161, sec. 4.

4. Any representative of a deceased party may appear and suggest
in writing the death of the party under whom he claims, and be made
a party in place of the person so dying, and proceed with the suit, on
giving such notice to the opposite party as the court may direct.

Ibid. sec. 5. 1888, art. 16. sec. 5. 1860, art. 16, sec. 5. 1844, ch. 44, sec. 1.

5. Where an executor or administrator dies who was originally a
party, or has been made a party as the representative of a deceased
party, the same proceedings as above stated shall be had to make the
proper parties; and these provisions are to apply to any series of deaths
which may occur to representatives who are parties, or who are made
parties in the progress of the suit.

Ibid. sec. 6. 1SSS, art. 10. sec. 6. 1SCO, art. 16, sec. 6. 1797, ch. 114. sec. 4.

6. If any party shall die after a cause has been set down for hear-
ing, or submitted by both parties as ready for decision, the decree may
be passed as if such party were alive, he having a solicitor in court; and
such decree shall have the same effect as if no death had occurred, except,
that it shall not be entitled to a preference in the distribution of assets,
either real or personal.

A decree can only be passed under this section when it is capable of being
made effectual, or where nothing is to be done by the deceased. Brogden v.
Walker, 2 H. & J. 2S9.

Ibid. sec. 7. 1888. art. 16. sec. 7. 1860. art. 16, sec. 7. 1841. ch. 22. sec. 1.

1842. ch. 229, sec. 1.

7. If any defendant shall die after a decree for an account, sale or
partition, or after such other proceedings have been had after appear-
ance as would have warranted the passing of such decree, or if such
deceased defendant shall have answered, confessing the facts stated in
the bill, or shall have set up no defence to the relief therein prayed, the
court may in its discretion order the case to be proceeded in as if no
death had occurred, or may order a bill of revivor or a supplemental
bill to be filed, and the proper representative of such deceased defend-
ant to be a party, as may seem best calculated to advance the purposes
of justice; provided, that the heir or other proper representative of such
deceased defendant, at any time before final decree, may appear and
be made a party on such reasonable terms as the court may direct, and
such new party may file an answer to the original bill, subject to such
terms as the court may impose, in which he may insist on such defences,