PLEADINGS, PRACTICE AND PROCESS AT LAW 2817

An. Code, 1924, sec. 31. 1912, 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, 1924, sec. 32. 1912, 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
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, 1924, sec. 33. 1912, 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, 1924, sec. 34. 1912, 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.