ART. 76.] PRACTICE—ABATEMENT AND REVIVOR. 1115

may issue a summons, returnable to the next court, directed to
the proper person to defend such action; and upon such summons
being served, the person summoned shall appear. This not to
apply to actions for injuries to the person where the defendant
dies, nor to actions for slander.

Howard's Lessee v. Gardner, 3 H & McH 98. Gassaway v. Dorsey, 4 H. &
McH. 405, (note ) Hammond v. Sheredine, 4 H. & McH. 420. Richardson's
Lessee v. Parsons, 1 H. & J. 253. Roche v. Johnson, 2 H. & J. 37, (note a)
Howard v. Moale's Lessee, 2 H & J. 251 Norfolk's Ex'r v. Gantt, 2 H & J.
435. Stevenson v. Howard's Lessee, 3 H. & J 554. Gist v. Cockey, 7 H. & J.
134 James v. Boyd, 1 H. & G. 3. Owings v. Owings, 3 G & J 1. McLaugh-
lin v. DeYoung, 3 G & 3 4. Hanson v. Barnes' Lessee, 3 G. & J 359. Haw-
kins v. Bowie, 9 G & J. 428. Brummett v. Golden's Admrs , 9 Gill, 97.
Kennedy's Ex'x v. Wilson, 1 Md 107. Martin v. Martin, 7 Md 376. Young
v. Citizens' Bk , 31 Md. 66. Getzendanner v. Caylor, 38 Md 283. State v.
Banks, 48 Md. 520.

1888, ch. 262.

25. No action hereafter brought to recover damages for
injuries to the person by negligence or default, shall abate by
reason of the death of the plaintiff, but the personal representa-
tives of the deceased may be substituted as plaintiff and prosecute
the suit to final judgment and satisfaction.

P. G. L , (1860,) art 2, sec. 2 1785, ch. 80.

26. If such person shall fail to appear upon being summoned
as aforesaid, the court shall issue an attachment of contempt
against him, and compel him to appear to such action; and if any
person being summoned as aforesaid shall refuse or neglect to
appear to such action by the fourth day of the court next after
the court to which he may be summoned to appear, then the
court may cause his appearance to be entered, and there shall be
the same proceedings therein as if he had voluntarily appeared,
and all the proceedings had before the death of the party shall be
considered as proceedings in the action, and such further pro-
ceedings shall be had to bring the cause fairly to trial as the court
may deem proper.

Ibid. sec. 8. 1785, ch. 80.

27. If the plaintiff in any action mentioned herein shall die
before judgment is given, the heir, executor or other proper
person to prosecute such action may appear and prosecute the
same, but if such person does not appear to prosecute such action