ART. 5.] ABATEMENT. 43

the superior court, and the same proceedings shall be had in all
respects as if the same had been returned to a circuit court for a
county.

P. G. L., (1860,) art. 29, sec. 86. 1812, ch. 145, sec. 2.

72. Any scire facias against heirs or terre tenants, from the
court of appears, may be sent to the county or city where the
defendant in the original judgment resided, or to the county or
city where the land to be affected by such writ lies.

Abatement In the Court of Appeals.

P. G. L., (1860,) art. 2, sec. 9 1815, ch. 149. 1888, ch. 42.

73. No case in which an appeal has been prayed or writ of
error applied for, whether the record shall have been transmitted
to the court of appeals or not, shall abate by the death of either
of the parties to such appeal or writ of error if the heir, exe-
cutor or other proper party to be made a party shall make the
necessary suggestion, and appear to such appeal or writ of error
for the purpose of prosecuting or defending the same; and if
the heir, executor or other proper party to be made a party shall
fail to make such suggestion and appear to such appeal or writ of
error within twenty days after the beginning of the term to-
which the appeal or writ of error is taken, it shall be competent
for the other party to such appeal or writ of error to make such
suggestion, and thereupon process shall immediately issue to the-
party named in said suggestion to appear by a day to be therein,
named, and be made a party to such appeal or writ of error.

Roche v. Johnson, 2 H. & J. 37, note (a). Owings v. Owings, 3 G. & J. 1.
Turner v. Walker, 3 G. & J. 377. Hanney v. Murray, 9 G & J. 157. Coombs
v. Jordan, 3 Bl. 327. Carroll v. Bowie, 7 Gill, 37. Trail v. Snouffer, 6 Md.,
314. Harryman v. Harryman, 49 Md. 67. Clark v. Carroll, 59 Md. 181.

Ibid. sec. 10. 1815, ch. 149.

74. When the plaintiff in an appeal or writ of error dies-
before the term to which such an appeal or writ of error is
returnable, the heir, executor or other proper person to be mode
a party, may appear in the court of appeals and suggest the
death of the plaintiff, and appear to such appeal or writ of error-
for the purpose of prosecuting the same.

Booze v. Humbird, 27 Md. 1. Young v. Citizens' Bank of Balto., 31 Md
66. Thomas v. Thomas, 57 Md. 504. Hopper v. Jones, 64 Md. 578.