2818 ARTICLE 75

An. Code, 1924, sec. 35. 1912, 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, 1924, sec. 36. 1912, 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
heir, executor or proper person resides, returnable to the court from which
the same issued; and the same proceedings shall be had as if such heir,
executor or other proper person lived in the county where the action was
pending.

An. Code, 1924, sec. 37. 1912, sec. 33. 1904, sec. 33. 1888, sec. 32. 1815, ch. 149.

37. If any defendant in any action shall die pending such action and
the heir or executor of such defendant, or other proper person necessary
to be made party to such suit or action, resides out of this State, the court
in which such action is pending shall, on motion, order and direct a
subpoena to be issued, directed to such heir, executor or other proper
person, commanding him to be and appear before such court on or before
the first day of its next session thereafter to answer unto the plaintiff in
such action in the plea therein, if to him it shall seem meet, which sub-
poena the plaintiff in the said action may serve, or procure to be served
upon such heir, executor or other proper person; and upon proving to the
satisfaction of the court to which such subpoena shall be made returnable
that the same has been duly served, if the heir, executor or other proper
person so served with the said subpoena shall not appear on or before the
third day of the second term of the said court after such service, in person
or by attorney, and defend such action, the said court, on motion, shall
order and direct a judgment to be entered for the plaintiff in such action,
by default "nisi," to become absolute on the third day of the succeeding
term of said court, if the said heir, executor or other proper person shall
fail by that day to appear; and if the said heir, executor or other proper
person shall appear on or before the third day of said succeeding term,
in person or by attorney, upon application to the said court the said judg-
ment shall be stricken out, and the said heir, executor or other proper
person, as the case may be, shall be permitted to appear and defend such
action.

An. Code, 1924, sec. 38. 1912, sec. 34. 1904, sec. 34. 1888, sec. 33. 1843, ch. 40.

38. No action in any of the courts of this State, either original or
upon appeal, shall abate by reason of the marriage of any of the parties,
but on application of any of the parties the court, upon such terms and