1654 PLEADINGS, PRACTICE AND PROCESS AT LA.W. [ART. 75

suggested, the plaintiff may issue a summons, returnable to the
next court, directed to the proper person to defend such
action; and upon such summons being served, the person
summoned shall appear. This not to apply to actions for
injuries to the person where the defendant dies, nor to actions
for slander.

Howard's Lessee v. Gardner, 3 H. & McH. 98. Gassaway v. Dorsey, 4 H
& McH. 405, (note.) Hammond v. Sheredine, 4 H. & McH. 420. Richard-
son's Lessee v. Parsons, 1 H. & J. 253. Roche v. Johnson, 2 H. & J. 37,
(note a.) Howard v Moale's Lessee, 2 H. & J. 251. Norfolk's Ex'r v.
Gantt, 2 H. & J. 435. Stevenson v. Howard's Lessee, 3 H. & J. 554. Gist
v. Cockey, 7 H & J. 134. James v. Boyd, i H. & G. 3. Owings v. Owings,
3 G & J. 1. McLaughlin v. DeYoung, 3 G. & J. 4. Hanson v. Barnes'
Lessee, 3 G. & J. 359. Hawkins v. Bowie, 9 G. & J. 428. Brummett v. Gol-
den's Admrs., 9 Gill, 97. Kennedy's Ex'x v. Wilson, 1 Md 307. Martin v.
Martin, 7 Md. 376. Young v. Citizens' Bk., 31 Md. 66 Getzendanner v.
Caylor, 38 Md. 283. State v. Banks, 48 Md. 520. Tise v. Shaw, 68 Md. 1.
Ott v. Kaufman, 68 Md. 56. Clark v. Carroll, 59 Md. 180. Harvey v. B. &
O. R. R., 70 Md. 319. Shipley v. Johns, 72 Md. 522. Billingslea v. Smith,
77 Md. 521. Siacik's Admnr. v. N. C. Ry. Co.. 92 Md. 214.

1888, art. 75, sec. 25. 1888, ch. 262.

26. No action hereafter brought to recover damages for
injuries to the person by negligence or default shall abate by
reason of the death of the plaintiff, but the personal represen-
tatives of the deceased may be substituted as plaintiff and
prosecute the suit to final judgment and satisfaction.
Harvey v. B. & O. R. R. Co., 70 Md. 319.

Ibid. sec. 26. 1860, art 2, sec. 2. 1785, ch. 80.

27. If the proper person to defend shall fail to appear upon
being summoned, the court shall issue an attachment of con-
tempt against him and compel him to appear to such action;
and if any person being summoned as aforesaid shall refuse or
neglect to appear to such action by the fourth day of the court
next after the court to which he may be summoned to appear,
then the court may cause his appearance to be entered and
there shall be the same proceedings therein as if he had vol-
untarily appeared, and all the proceedings had before the death
of the party shall be considered as proceedings in the action
and such further proceedings shall be had to bring the cause
fairly to trial as the court may deem proper.

Ibid. sec. 27 1860, art. 2, sec 3. 1785, ch 80

28. If the plaintiff in any action mentioned herein shall die
before judgment is given, the heir, executor or other proper