ART. 75.] PRACTICE—ABATEMENT AND REVIVOR. 1117

P. G. L., (1860,) art. 2, sec. 6. 1785, ch. 80.

30. In all cases where a new party is made to an action, the
costs which accrued before such new party was made shall be
taxed as part of the costs in such action, and the judgment ren-
dered shall be the same as if the action had been originally
commenced between the persons who are the parties to such
action; provided, that no defendant who is made a new party
to such action shall be burdened with debts, damages or costs,
further than property or assets have descended or come to his
hands from the deceased.

Ibid. sec. 7. 1812, ch. 145.

31. If any heir, executor, or other proper person to be made at
party, shall reside in a different county than that in which such
action is pending, and it may be necessary to make such heir,
executor, or other person a party to such action, a summons may
be issued for such heir, executor or other proper person, directed
to the sheriff of the county where such heir, executor or proper
person resides, returnable to the court from which the same-
issued; and the same proceedings shall be had as if such heir,
executor or other proper person lived in the county where the-
action was pending.

The Cape Sable Co. Case, 3 Bl. 664, (note a.)

Ibid. sec. 8. 1815, ch. 149.

32. If any defendant in any action shall die pending such
action, and the heir or executor of such defendant, or other
proper person necessary to be made party to such suit or action,
resides out of this State, the court in which such action is pending,
shall, on motion, order and direct a subpoena to be issued, directed
to such heir, executor or other proper person, commanding him
to be and appear before such court on or before the first day of
of its next session thereafter, to answer unto the plaintiff in such
action in the plea therein, if to him it shall seem meet, which
subpoena the plaintiff in the said action may serve, or procure to
be served, upon such heir, executor or other proper person; and
upon proving to the satisfaction of the court to which such sub-
poena shall be made returnable, that the same has been duly
served, if the heir, executor or other proper person so served
with the said subpoena shall not appear on or before the third