438 ARTICLE 16.

An. Code, sec. 8. 1904, sec. 8. 1888, 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 subpoena 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 proceedings may be had as may be necessary to a
decision of said cause on its merits.

There being no final decree, this section held not in terms to apply, though the
court might under its general equity power haye directed sale to be postponed
on application. Appold v. Prospect Bldg. Assn., 37 Md. 457, distinguished. Spedden
v. Balto. Refrigerating, etc., Co., 117 Md. 452.

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 dis-
cretion not to require a revival may have been properly exercised. 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

Elaintiff 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.

An. Code, sec. 9. 1904, sec. 9. 1888, 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.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1797, ch. 114, sec. 3. 1828, ch. 184.

10. Any representative of a deceased party who shall secrete himself,
or in any manner evade the service of any process issued against him, may,
on proof of that fact to the satisfaction of the court, be proceeded against
as if he were a non-resident defendant.

Cited but not construed in Buckingham v. Peddicord, 2 Bl. 453.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1820, ch. 161, sec. 5.

11. In all cases where any of the parties to a suit may die, and any party
to such suit or representative of a deceased party shall leave the State
before the process or notice which such death may render necessary is
served on him, he may be proceeded against as if he were a non-resident
defendant.