ART. 65. ] PROCEEDINGS IN EQUITY.

deceased party, and how he is representative, whether by devise,
descent, or otherwise.

631

14. Upon such suggestion a subpoena shall issue for the legal
representative of the deceased party, commanding him to appear
and be made a party to such suit, if such representative reside in
this State; and if such representative is a non-resident, then such
notice shall be given, instead of the subpoena, as is provided for non-
resident defendants.

Id R 3
1820, c 161, s 5,
1841, o 22, B 3,
1842, c 229, s. 3.
Proceedings.
35 Md 474.

15, Any representative of a deceased party may appear and
suggest in writing the death of the party under whom he claims,
and be made a party in place of the person so dying, and proceed
with the suit, on giving such notice to the opposite party as the
court may direct.

Id s 4
1820, c. 161, s. 4.
Same

16. Where an executor or administrator dies who was originally
a party, or has been made a party as the representative of a deceased
party, the same proceedings as above stated shall be had to make
the proper parties, 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

Id s 5
1844, c 44, B 1.
Where party
dying is an ex-
ecutor or ad-
ministrator.

17. If any party shall die after a cause has been set down for
hearing, or submitted by both parties as ready for decision, the de-
cree may be passed as if such party were alive, he having a solicitor
in court; and such 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.

Id s 6
1797, c. 114, s 4
Where a party
dies after cause
is submitted or
set down for
hearing
2 H & J 285.

18. If any defendant shall die after a decree for an account, sale,
or partition, or after such other proceedings have been had after ap-
pearance 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 pro-
ceeded 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

Id s 7
1841, c 22, s 1,
1842, c 229, c 1
Where a defend-
ant dies after a
decree for an
account, sale, or
partition, etc.
18 Md 434, 29
Md 1 31, 37
Md 466, 11 G.
& J 1

to advance the purposes of justice, provided, that the heir or other
proper representative of such deceased defendant, at any time be-
fore final decree, may appear and be made a party on such reasona-
ble 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.

Heir, etc, may
appear before
final decree.

19. 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 de-
ceased party, or pass such other order or direct such other proceed-
ings as may seem best calculated to advance the purposes of justice;

Id s 8
1841, c 22, s 2
Where a party
dies after final
decree.
37 Md 466.