1116 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

at the court at which the death is suggested, then the defendant
may issue a summons 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 upon
being satisfied that the person so summoned is the proper person
to prosecute such action, shall issue an attachment of contempt to
compel the appearance of such person; and if the person so sum-
moned do not appear to prosecute such action by the fourth day
of the court next after the court to which such summons may be
returned served, judgment of non-suit 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 summoned to prose-
cute shall appear to such action at any time before judgment of
non-suit 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.

Fisher v. Beall's Admr, 1 H. & J. 31. Parker v. Fassit, 1 H & J. 337.
Dorsey v. Courtenay, 3 H. & J. 480. Fish wick's Admr v. Sewell, 4 H. & J.
393. Haslett v. Glenn, 7 H & J 24. State v. Dorsey, 3 G & J. 75. Cole v.
Hebb, 7 G. & J 20. Keirle v. Shriver, 11 G. & J 405. Young v. Mackall, 4
Md 362. Stewart v. Spedden, 5 Md. 433 Barton Coal Co. v. Cox's Ex'ra, 39
Md 1.

P G L., (1860,) art. 2, sec. 4. 1785, ch. 80.

28. In all cases where a new party has been made to any
action under the provisions of the three preceding sections, and
the new party so made, or any other party, shall die before judg-
ment, 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 proper person to prosecute or defend as pro-
vided for by said sections to compel the appearance of the proper
party on the death of the original plaintiff or defendant..

Ibid. sec. 5. 1785, ch. 80.

29. 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.