2374 ARTICLE 75.

satisfied that the person so summoned is the proper person to prosecute
such action, shall issue an attachment of contempt to compel the appear-
ance 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 summoned to prose-
cute shall appear to such action at any time before judgment 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 pro-
ceedings shall be had to bring the cause fairly to trial as the court may
deem proper.

Where executors appear under this section, proper time to file plea of " ne unques

executor " is at term at which executors ask leave to appear. Barton Coal Co. v.

Cox, 39 Md. 19.

An. Code, sec. 29. 1904, sec. 29. 1888, sec. 28. 1785, ch. 80.

33. 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 prose-
cute 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.

An. Code, sec. 30. 1904, sec. 30. 1888, sec. 29. 1785, ch. 80.

34. Any new party to any action may use and rely upon any pleadings
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.

An. Code, sec. 31. 1904, sec. 31. 1888, sec. 30. 1785, ch. 80.

35. 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.

An. Code, sec. 32. 1904, sec. 32. 1888, sec. 31. 1812, ch. 145.

36. 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 pend-
ing 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