CHANCERY 543

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, 1924, sec. 6. 1912, 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 siich
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 effec-
tual, or where nothing is to be done by deceased. Brogden v. Walker, 2 H. & J. 289.

An. Code, 1924, sec. 7. 1912, 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 pro-
ceedings 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 defendants
only. Franklin v. Franklin, 1 Md. Ch. 344.

See notes to sec. 8.

An. Code, 1924, sec. 8. 1912, 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 have directed sale to be postponed on application.
Appold v. Prospect Bldg. Assn., 37 Md. 457, distinguished. Spedden v. Balto. Refrig-
erating, etc., Co., 117 Md. 452.