ART. 16] ABATEMENT AND REVIVOR. 375

any of the surviving parties may file a suggestion of such
death, setting forth when the death occurred, and who is the
legal representative of such deceased party, and how he is
representative, whether by devise, descent or otherwise.

Somerville v Trueman, 4 H. & McH. 43. Burch v Scott, 1 Bl. 112. Hall
v. Hall, 1 Bl. 130. Labes v. Monkur, 1 Bl. 130, note (n) Owings' Case, 1
Bl. 370. Allen v. Burke, 1 Bl. 544 Griffith v. Bronaugh, 1 Bl. 547. Walsh
v Smyth, 3 Bl. 1. Glenn v. Clapp, 11 G. & J. 1.

1668, art. 16, sec. 3. 1860, art, 16, sec. 3. 1820, ch. 161, sec. 5. 1841, ch.
22, sec. 3 1842, ch. 229, sec. 3.

3. Upon such suggestion, a subpoena shall issue for the
legal representative of the deceased party, commanding him to
appear and be made a party to such suit, if such representative
resides in this State; and if such representative is a non-
resident, then such notice shall be given, instead of the
subpoena, as is provided for non-resident defendants.

Ibid. sec. 4. 1860, art. 16, sec. 4. 1820, ch. 161, sec. 4.

4. Any representative of a deceased party may appear and
suggest in writing the death of the party under whom he
claims, and be made a party in place of the person so dying,
and proceed with the suit, on giving such notice to the opposite
party as the court may direct.

Ibid. sec. 5 1860, art. 16, sec. 5. 1844, ch. 44, sec. 1.

5. Where an executor or administrator dies who was origi-
nally a party, or has been made a party as the representative
of a deceased party, the same proceedings as above stated
shall be had to make the proper parties; and these provisions
axe to apply to any series of deaths which may occur to repre-
sentatives who are parties, or who are made parties in the
progress of the suit.

Ibid. sec. 6. 1860, art. 16, sec. 6. 1797, ch. 114, sec. 4.

6. If any party shall die after a cause has been set down for
hearing, or submitted by both parties as ready for decision, the
decree may be passed as if such party were alive, he having a
solicitor in court; and such decree shall have the same effect as
if no death had occurred, except that it shall not be entitled to a
preference in the distribution of assets, either real or personal.

Brogden v. Walker, 2 H. & J. 285.