768 APPEALS AND WRITS OF ERROR. [ART. 71.

Art 29, s 34 1812, c 145, s 2 Issue and return of sci fa, against heirs or terre tenants in different coun- ties.	SCIRE FACIAS. 27. In case a scire facias shall be issued out of the Court of Appeals against heirs or terre tenants, and one or more of the heirs or terre tenants shall reside in different counties, the scire facias shall be directed to the sheriff of the proper county, and returned by him to the Circuit Court thereof, and duplicates of said scire facias shall be issued and directed to the sheriff of each county wherein an heir or terre tenant resides — which duplicates shall be returnable to the Circuit Court of the county to which the original scire facias is returnable — and the court to which the same are re- turnable, shall proceed therein in the same manner as if said writs had issued from such court.
Id s 35 1812, c 145, s 2 In Baltimore city	28. If the scire facias against heirs or terre tenants be sent to the city of Baltimore, it and its duplicates shall be returnable to the Superior Court, and the same proceedings shall be had in all respects as if the same had been returned to a Circuit Court of a county.
Id s 36 1812, c 145, s 2 Sci fa against heirs, etc , may be sent where defendant in original judg- ment resided or	29, Any scire facias against heirs or terre tenants, from the Court of Appeals, may be sent to the county or city where the de- fendant in the original judgment resided, or to the county or city where the land to be affected by such writ lies.
where land to be affected lies Art 29, s 28 1721, c 14, s 2 , 1832, c. 1, s 2 , 1844, c 19 How long action may continue	CONTINUANCE OF ACTION IN THE COURT OF APPEALS. 30. No action in the Court of Appeals shall continue longer than the end of the fourth terra after the same shall have been instituted, unless by consent of the parties.
	ABATEMENT IN THE COURT OP APPEALS.
Art 2, s 9 1815, c 149, s 6. Death of party to appeal or writ of error pend- ing in Court of Appeals 27 Md 1,4, 31 Md 66 3 O & J 1, 377	31. No case pending in the Court of Appeals shall abate by the death of either of the parties to such appeal or writ of error, if the heir, executor, or other proper person to be made a party shall, at the first or second term succeeding the death of such party, make the necessary suggestion, and appear to such appeal or writ of error for the purpose of prosecuting or defending the same.
Id s 10 1815, e 149, s 5 Death of plain- tiff before turin to which ap- peal or wi it of emu relurn- able 6 Md 314 9 G & J. 157	32. When the plaintiff in an appeal or writ of error dies before the term to which such appeal or writ of error is returnable, the heir, executor, or other proper person to be made a party, may appear in the Court of Appeals and suggest the death of the plaintiff, and appear to such appeal or writ of error for the purpose of prose- cuting the same.
Id s 11 1806, c 90, s H. Death of party when case under rule argument 7 Gill 37 , 2 H. & J 37 , d Bl 327 Suggestion of death	33. When a case is under rule argument in the Court of Appeals, and a party shall die, having an attorney in court, the Court of Ap- peals shall give judgment to have the same effect as if the party were alive; provided, the heir, executor, or other proper person, may, if he thinks proper, suggest the death and become a party in the place of the perosn so dying