376 CHANCERY. [ART. 16

1888, art 16, sec. 7. 1860, art 16, sec. 7. 1841, ch. 22, sec. 1.
1842, ch. 229, Bee. 1.

7. If any defendant shall die after a decree for an account,
sale or partition, or after such other proceedings have been had
after appearance as would have warranted the passing of such
decree, or if such deceased defendant shall have answered, con-
fessing the facts stated in the bill, or shall have set up no defence
to the relief therein prayed, the court may in its discretion
order the case to be proceeded in as if no death had occurred,
or may order a bill of revivor or a supplemental bill to be filed,
and the proper representative of such deceased defendant to be
a party, as may seem best calculated to advance the purposes
of justice; provided, that the heir or other proper representative
of such deceased defendant, at any time before final decree, may
appear and be made a party on such reasonable terms as the
court may direct, and such new party may file an answer to the
original bill, subject to such terms as the court may impose, in
which he may insist on such defences, and none other, as might
have been made if a bill of revivor, or supplemental bill in
nature of a bill of revivor, had been filed against him.

Glenn v. Clapp, 11 G. & 3. 1. Allen v. Burke, 1 Bl. 544. Franklin v.
Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Schley's Lessee v.
M. & C. C. of Balto., 29 Md. 46. Appold v. Prospect Building Ass'n, 37
Md. 457.

Ibid. sec. 8. 1860, art. 16, sec. 8. 1841, ch. 22, sec. 2. 1642, ch. 229, sec. 2.

8. If any of the parties to a suit die after final decree, the
court may order execution of such decree as if no death had
occurred, or the court may order a subpoena scire facias to be
issued, or a bill of revivor to be filed against the proper repre-
sentatives of such deceased party, or pass such other order or
direct such other proceedings as may seem best calculated to
advance the purposes of justice; provided, that the heir or
other proper representative may appear, at any time before
execution of said decree, and be admitted a party to the suit,
on such reasonable terms as the court may prescribe, and such
further proceedings may be had as may be necessary to a
decision of said cause on its merits.

Glenn v. Clapp, 11 G. & J. 1. Allen v. Burke, 1 Bl. 544. Franklin v.
Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Appold v. Prospect
Building Ass'n, 37 Md. 457. Rowland v. Prather, 53 Md. 232. Thomas v.
Thomas, 57 Md. 504. Goldschmldv. Meline, 86 Md. 372.

Ibid. sec. 9. 1860, art. 16, sec. 9. 1820, ch. 161, sec. 6.

9. If any representative of a deceased party shall fail to
appear after being summoned, within four days after the return