ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

mons 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 shall, upon being satisfied that the
person so summoned is the proper person to prosecute such action,
issue an attachment of contempt to compel an appearance 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

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which such summons may be returned served, judgment of nonsuit
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 sum-
moned to prosecute shall appear to such action at any time before
judgment of nonsuit 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 proceedings shall be had to bring the
cause fairly to trial as the court may deem proper.

Proceedings

35. In all cases where a new party has been made to any action
under the provisions of this article, relating to abatement, and the
new party so made, or any other party shall die before judgment,
the proper person to prosecute 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

Id s 4
1785, c 80, s 1
Death of new
party, or any
other party.

proper person to prosecute or defend as provided for by this article
to compel the appearance of the proper party on the death of the
original plaintiff or defendant.

Proceedings

36. 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.

Id s 5
1735, c 80, s 1.
New party may
use old plead-
ings
Amendment

3 7. In all cases where a new patty 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

Id s 6
1785, c 80, s 1
Costs and judg-
ment

the persons who are the parties to such action; provided, that no de-
fendant 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.
38. If any heir, executor, or other proper person to be made a
party, shall reside in a different county than that in which such ac-
tion is pending, and it may be necessary to make such heir, execu-
tor, 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 other proper
person resides, returnable to the court from which the same issued,

When new de-
fendant not to
pay debts or
costs

Id s 7
1812, c 145, s 4
How heir, etc,
resident in a
different county
summoned.
3 B1 664.

and the same proceedings shall be had as if such heir, executor, or
other proper person lived in the county where the action was pend-
ing.

38

Proceedings.