ART. 16.] CHANCERY—ABATEMENT AND REVIVOR. 133

to the relief therein prayed, the court may in its discretion order the
case to be proceeded in as if no death had occurred, or may order
a bill of revivor or a supplemental bill to be filed, and the proper
representative of such deceased defendant to be a party, as may
seem best calculated to advance the purposes of justice; provided,
that the heir or other proper representative of such deceased

defendant, at any time before final decree, may appear and be
made a party on such reasonable terms as the court may direct,
and such new party may file an answer to the original bill, sub-
ject to such terms as the court may impose, in which he may
insist on such defences, and none other, as might have been made
if a bill of revivor, or supplemental bill in nature of a bill of
revivor, had been filed against him.

Glenn v. Clapp, 11 G & J 1 Allen v. Burke, 1 Bl 544. Franklin v.
Franklin, 1 Md. Ch. 342 Ridgely v. Bond, 18 Md. 434. Appold v. Pros-
pect Building Ass'n, 37 Md. 457. Schley's Lessee v. M & C. C. of Balto.,

29 Md 46.

P. G. L., (1860,), art. 16, sec. 8. 1841, ch. 22, sec. 2. 1842, ch. 229, sec. 2.

8. If any of the parties to a suit die after final decree, the

court may order execution of such decree as if no death had
occurred, or the court may order a snbprena scire facias to be
issued, or a bill of revivor to be filed against the proper repre-
sentatives of such deceased party, or pass such other order or

direct such other proceedings as may seem best calculated to
advance the purposes of justice; provided, that the heir or other
proper representative may appear, at any time before execution
of said decree, and be admitted a party to the suit, on such
reasonable terms as the court may prescribe, and such further
proceedings may be had as may be necessary to a decision of said

cause on its merits.

Glenn v. Clapp, 11 G. & J. 1. Allen v. Burke, 1 Bl 544. Franklin .
Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Appold v. Pros-
pect Building Ass'n, 37 Md 457. Rowland v. Prather, 53 Md 232. Thomas
v. Thomas, 57 Md 504.

Ibid. sec. 9. 1820, ch. 161, sec. 6.

9. If any representative of a deceased party shall fall to
appear after being summoned, within four days after the return

day of the subpoena, or shall fail to appear after notice by publi-
cation, the court may order the appearance of such representative