ART. 16] ABATEMENT AND REVIVOR. 345

.and none other, as might have been made if a bill of revivor, or supple-
mental bill in nature of a bill of revivor, had been filed against him.

The court should be informed of the death of any of the parties, so that
such proceedings as may be necessary may be taken thereon; if upon sug-
gestion, no action is taken, it will be presumed that none was considered
necessary. Sale set aside for failure to suggest the death of a party Appold

v. Prospect Assn.. 37 Md. 460; Glenn v. Clapp. 11 G. & J. 1. Cf. Schley v.
Baltimore. 29 Md. 43.

Purpose, effect and construction of this section. This section applies to
defendants only . Franklin v. Franklin. 1 Md. Ch. 344.

1004, art. 10, sec. S. 1S8S art. 10. sec. 8. 1860. art. 16, sec. 8. 1841. ch. 22. sec. 2.

1842, ch. 229, sec. 2.

8. If any of the parties to a suit die after final decree, the court may

order execution of such decree as if no death had occurred, or the
court may order a subpo3ua scire facias to be issued, or a bill of revivor
to be filed against the proper representatives of such deceased party,

or pass such other order or direct such other proceedings as may seem
best calculated to advance the purposes of justice; provided, that the
heir or other proper representative may appear, at any time before
execution of said decree, and be admitted a party to the suit, on such
reasonable terms as the court may prescribe, and such further pro-
ceedings may be had as may be necessary to a decision of said cause
on its merits.

This section relates to equity cases, and Includes a proceeding where one
of the parties dies after decree but before appeal taken. Goldschmid v.
Meline, 86 Md. 372; Thomas v. Thomas. 57 Md. 509.

Under this section, it is not necessary that a suit be revived, it being a
matter within the discretion of the court. Case held to have been one in
which the discretion not to require a revival may have been properly exer-
cised. Purchaser's title upheld against a widow's claim of dower. Rowland

v. Prather. 53 Md. 241.

Purpose, effect and construction of this section. This section applies to
parties plaintiff and defendant, but does not embrace a decree which has
become dormant by lapse of time. In such cases, a bill revivor is necessary.
Franklin v. Franklin, 1 Md. Ch. 344.

Defendants, or their representatives, may revive a suit in every case
where they may derive a benefit from further proceedings. Parties, Ridgely

v. Bond, 18 Md. 449.

See notes to sec. 7.

Ibid. sec. 9. 1888, art. 10. sec. 9. 1860. art. 16. sec. 9. 1820, ch. 161. sec. 6.

9. If any representative of a deceased party shall fail to appear
after being summoned, within four days after the return day of the
subpoena, or shall fail to appear after-notice by publication, the court
may order the appearance of such representative to be entered; to
have the same effect as if such representative had appeared in person
and been made a party.
See notes to sec. 12.

Ibid. sec. 10. 1888. art. 16, sec. 10. 1800, art. 10. sec. 10.
1797, ch. 114. sec. 3. 1828, ch. 184.

10. Any representative of a deceased party who shall secrete him-
self, or in any manner evade the service of any process issued against