632

PROCEEDINGS IN EQUITY. [ART. 65.

Heir, etc, may
appear before
execution of
decree,

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.

Id s. 9
1820, c 161, s 6
Failure of rep-
resentative of
deceased party
to appear

20. If any representative of a deceased party shall fail to appear
after being summoned, within four days after the return day of the
subpoena, or shall fail to appear after notice by publication, the court
may order the appearance of such representative to be entered, to

Order of court.

have the same effect as if such representative had appeared in person

Id. s 10
1797, c 114, s 3,
1828, c 184
Where repre-
sentative of
deceased party
secretes himself
or evades ser-
vice of process

and been made a party.
21. Any representative of a deceased party who shall secrete
himself, or in any manner evade the service of any process issued
against him, may, on proof of that fact to the satisfaction of the
court, be proceeded against as if he were a non-resident defendant.

Id s 11
1820, c 161, s 5.
Where repre-
sentative of
deceased party
leaves the State
before process
or notice

22. In all cases where any of the parties to a suit may die, and
any one proper to be a party to such suit as a representative of a
deceased party, shall leave the State before the process or notice which
such death may render necessary is served on him, he may be pro-
ceeded against as if he were a non-resident defendant.

Id s. 12
1799, c. 79, s 3,
1820, c 161, s 5
Proceeding by
bill of revivor,
etc

23. A bill of revivor or supplementary bill in nature of a bill of
revivor, may be filed instead of a suggestion of the death of the
party, and notice thereof shall be given to the party against whom
the same may be filed, if a resident of this State, by subpoena, or
service of a copy of such bill of revivor or supplemental bill, as the
court may direct; or if the party be a non-resident, or secrete him-
self, or evade the service of the summons, or copy, or if the resi-
dence of the party be unknown, then notice by publication may be
given as against non-resident defendants.

Id s 13
1831, c 311, s. 14,
1843, c 40
Suit in equity
not to abate by
marriage
4 Md. Chan
Dec 384

24. No suit in equity shall abate by the marriage of any of the
parties, but, on application of any of the parties, the court may,
on such terms and notice as it shall deem proper, allow and order
any amendment in the pleadings, and the making of any new
or additional parties that such marriage may render necessary or
proper.

NON-RESIDENT AND UNKNOWN DEFENDANTS.

Art 16, s 88
1773, c 7, s 3,
1785, c 72, s 30,
1787, c 30, s 1,
1789, c 46, 1795,
c 88, 8 1, 1719,
c 79, s 1. 1818,
c 193, s 11, 1842,
C 206, s 2
Notice in equity
to non-resi-
dents
30 Md 523, 31
Md 488. 34 Md
168, 37 Md 25,
3 HI 428, 10 G
& J 480

Decree pro con-
Juno
Commission ex
parte.

25. If in any suit in chancery, by bill or petition, respecting in
any manner the sale, partition, conveyance, or transfer of any real
or personal property lying or being in this State, or to foreclose any
mortgage thereon, or to enforce any contract or lien relating to the
same, or concerning any use, trust, or other interest therein, any or
all of the defendants are non-residents, the court in which such suit
is pending may order notice to be given to such non-residents of the
substance and object of such bill or petition, and warning them to
appear by a day therein stated, and, if such non-residents shall not
appear at the time stated in such notice, the bill or petition may be
taken pro confesso, or a commission to take testimony may be issued
ex parte, and such decree passed as may be just and equitable.