CHANCERY. 437

An. Code, sec. 4. 1904, sec. 4. 1888, 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.
See notes to art. 5, sec. 40.

An. Code, sec. 5. 1904, sec. 5. 1888, 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.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1797, ch. 114, sec. 4.

6. If any party shall die after a cause has been set down for hearing,
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 deceased. Brogden v. Walker, 2 H. &
J. 289.

An. Code, sec. 7. 1904, sec. 7. 1888, 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 par-
tition, or after such other proceedings have been had after appearance
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 defendant 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, and none other, as might have been made if a bill of,
revivor, or supplemental 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 suggestion, no
action is taken, it will be presumed that none was considered necessary. Sale set
aside for failure to suggest death of party. Appold v. Prospect Assn., 37 Md. 466;
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 de-
fendants only. Franklin v. Franklin, 1 Md. Ch. 344.

See notes to sec. 8.