ART. 751 ABATEMENT AND REVIVOR. 1655

person to prosecute such action may appear and prosecute the
same, but if such person does not appear to prosecute such
action at the court at which the death is suggested, then the
defendant may issue a summons returnable to the next court,
directed to the proper person to prosecute such action, and if
such person upon being summoned shall fail to appear the
court, upon being satisfied that the person so summoned is the
proper person to prosecute such action, shall issue an attach-
ment of contempt to compel the appearance of such person, and
if the person so summoned do not appear to prosecute such
action by the fourth day of the court next after the court to
' which such summons may be returned served, judgment of non-
suit shall be entered and such judgment shall be as valid and
have the same legal consequences and effect as if the same had
been entered against the original plaintiff in the action; and if
the person so summoned to prosecute shall appear to such action
at any time before judgment of non-suit shall be entered as
aforesaid, all proceedings in the action had before the death
shall be considered as proceedings in the cause and such other
proceedings shall be had to bring the cause fairly to trial as the
court may deem proper.

Fister v. Beall's Admr., 1 H. & J. 31. Parker v. Fassit, 1 H. & J. 337.
Dorsey v. Courtenay, 3 H. & J. 480. Fishwiok's Admr. v. Sewell, 4 H & J.
393. Haslett v. Glenn, 7 H. & J. 24. State v. Dorsey, 3 G & J. 75. Cole
v. Hebb, 7 G. & J. 20. Keirle v. Shriver, 11 G. & J. 405. Young v Mackall,
4 Md. 362. Stewart v. Spedden, 5 Md. 433. Barton Coal Co. v. Cox's Ex'rs,
39 Md. 1.

1888, art. 75, sec. 28. 1860, art. 2, sec 4. 1785, ch. 80.

29. In all cases where a new party has been made to any
action under the provisions of the three preceding sections and
the new party so made, or any other party, shall die before
judgment, the proper person to prosecute or defend such action
in the place of a party so dying shall be made a party to such
action and the same proceedings shall be had to compel the
appearance of the proper person to prosecute or defend as
provided for by said sections to compel the appearance of the
proper party on the death of the original plaintiff or defendant.

Ibid. sec. 29. 1860, art. 2, sec. 5 1785, ch. 80.

30. Any new party to any action may use and rely upon
any pleadings put in by his predecessor in such action or shall
have the same right to amend the pleadings or proceedings in
such action as if he had been an original party thereto.