PLEADINGS, PRACTICE AND PROCESS AT LAW. 2373

Under act of 1785, ch. 80, where an executor or an original administrator dies
pending a suit against him, administrator de bonis non may be made a party. Gist
v. Cockey, 7 H. & J. 135. And see Norfolk v. Gantt, 2 H. & J. 435.

This section construed in connection with the act of 1785, ch. 80, sec. 2—see notes
to sec. 68. Tise v. Shaw, 68 Md. 6.

This section applied in connection with sec. 67. Young v. Citizens' Bank, 31 Md. 70.

As to continuances, see sec. 62, et seq.

Where a party to a suit involving the title to land dies, leaving an infant a proper
party to be substituted, see sec. 68.

The application for a writ of habere does not abate upon the death of the pur-
chaser—see sec. 103.

As to abatement and revivor in equity, see art. 16, sec. 1, et seq. As to abatement
in the court of appeals, see art. 5, sec. 81, et seq.

As to the death of one of two or more joint obligors against whom an action is
brought, see art. 50, sec. 4, et seq.

As to the death of a party after issues from the orphans' court granted or applied
for, see art. 93, sec. 226.

As to the revocation of the letters of a plaintiff or defendant executor or adminis-
trator pending a suit, see art. 93, sec. 260.

An. Code, sec. 26. 1904, sec. 26. 1888, sec. 25. 1888, ch. 262.

30. No action hereafter brought to recover damages for injuries to
the person by negligence or default shall abate by reason of the death of
the plaintiff, but the personal representatives of the deceased may be sub-
stituted as plaintiff and prosecute the suit to final judgment and satis-
faction.

Whether this section is given effect or not, a libel by a stevedore filed in district
of Maryland does not abate upon his death. The Student 238 Fed. 936.

This section applies only to actions instituted in lifetime of alleged wrongdoer.
White v. Safe Dep. & Trust Co., 140 Md. 597.

Upon death of plaintiff pending an appeal in an action for personal injuries caused
by negligence, the suit may be prosecuted by his administrators under this section
and art. 5, sec. 81. Siacik v. Northern Central Ry. Co., 92 Md. 214.
See notes to sec. 29.

An. Code, sec. 27. 1904, sec. 27. 1888, sec. 26. 1785, ch. 80.

31. If the proper person to defend shall fail to appear upon being
summoned, the court shall issue an attachment of contempt against him
and compel him to appear to such action; and if any person being sum-
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 ap-
peared, and all the proceedings had before the death of the party shall be
considered as proceedings in the action and such further proceedings shall
be had to bring the cause fairly to trial as the court may deem proper.

An. Code, sec. 28. 1904, sec. 28. 1888, sec. 27. 1785, ch. 80.

32. 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 sug-
gested, 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