132 CHANCERY—ABATEMENT AND REVIVOR. [ART. 161.

P G. L., (1860,) art 16, sec 3 1820, ch 161, sec 5. 1841, ch. 22, sec 3.
1842, ch. 229, sec 3

3. Upon such suggestion, a subpoena shall issue for the legal
representative of the deceased party, commanding him to appear
and be made a party to sncli suit, if such representative resides in
this State; and if such representative is a non-resident, then such
notice shall be given, instead of the subpoena, as is provided for
non-resident defendants.

Ibid. sec. 4. 1820, ch. 161, sec. 4.

4. Any representative of a deceased party may appear and
suggest in writing the death of the party under whom he claims,
and be made a party in place of the person so dying, and pro-
ceed with the suit, on giving such notice to the opposite party
as the court may direct.

Ibid. sec. 5 1844, ch. 44, sec 1.

5. Where an executor or administrator dies who was originally
a party, or has been made a party as the representative of a
deceased party, the same proceedings as above stated shall be
had to make the proper parties; and these provisions are to
apply to any series of deaths which may occur to representatives
who are parties, or who are made parties in the progress of the
rait.

Ibid. sec. 6. 1797, ch. 114, sec. 4.

6. If any party shall die after a cause has been set down for
hearing, or submitted by both parties as ready for decision, the
decree may be passed as if such party were alive, he having a
solicitor in court; and such decree shall have the same effect as
if no death had occurred, except that it shall not be entitled to
a preference in the distribution of assets, either real or personal.

Brogden v. Walker, 2 H. & J. 285.

Ibid. sec. 7. 1841, ch. 22, sec. 1. 1842, ch. 229, sec. 1

7. If any defendant shall die after a decree for an account,
sale or partition, or after such other proceedings have been had
after appearance as would have warranted the passing of such
decree, or if such deceased defendant shall have answered, con-
fessing the facts stated in the bill, or shall have set up no defence