ART. 75] PROFERT—OYER—ADMISSIONS—ABATEMENT. 1653

106. It shall not be necessary in any case to make profert
in a declaration or plea, but the opposite party shall be entitled
to oyer in the same manner as if profert were made.

Birckhead v. Saunders, 2 H. & G. 82. Butler v State, 5 G & J 511.
Young v State, 7 G. & J. 253. Brown v. Jones, 10 G. & J. 335. Tucker v.
State, 11 Md. 322.

107. Either party may use the common law forms, or the
forms hereinbefore given, at his election; and either party
may require a bill of particulars where the pleading is so
general as not to give sufficient notice to the opposite party of
the evidence to be offered in support of it.

Randall v. Glenn, 2 Gill, 430. Carter v. Tuck, 3 Gill, 248. Hall v. Sewell,
9 Gill, 147. Scott v. Leary, 34 Md. 389. Black v. Woodrow, 39 Md. 194.
School Com'rs v Adams, 43 Md 349. Weber v. Fickey, 47 Md. 200. Wilson
v. Merryman, 48 Md. 336. Smith v. State, 66 Md. 219

108. Whenever the partnership of any parties, or the incor-
poration of any alleged corporation, or the execution of any
written instrument filed in the case is alleged in the pleadings
in any action or matter at law, the same shall be taken as
admitted for the purpose of said action or matter, unless the
same shall be denied by the next succeeding pleading of the
opposite party or parties.

Zihlman v. Cumberland Class Co., 74 Md. 307. Norfolk and Western Rail-
road Co vs Hoover, 79 Md. 267. Frederick Institution v. Michael, 81 Md.
505. Banks v McCosker, 82 Md. 525. Farmers, etc , Bank v. Hunter,
97 Md. 150. Horner v. Plumley, 97 Md. 282. Nicholson v. Snyder, 97, Md.
420.

II.

PRACTICE.

Abatement and Revivor.

1888, art. 75, sec. 24. 1860, art. 2, sec. 1. 1785, ch. 80. 1801, ch. 74.
1815, ch. 149. 1849, ch 517.

25. No action of ejectment, waste, partition, dower,
replevin, or any personal action, including appeals from judg-
ments rendered by justices of the peace, in any court of law in
this State shall abate by the death of either or any of the
parties to such action; but upon the death of any defendant,
the action shall be continued and the heir or executor of the
defendant, or other person interested on the part of the defen-
dant, may appear to such action; and in case the proper person
to defend doth not appear at the court at which the death is