ALBERT C. RITCHIE, GOVERNOR. 1377

the proper person to defend doth not appear at the court at
which the death is suggested, the plaintiff may issue a sum-
mons, returnable to the next court, directed to the proper per-
son to defend such action; and upon such summons being
served, the person summoned shall appear. This not to apply
to actions for slander.

SEC. 2. And be it further enacted, That Section 106 of
Article 93 of the Annotated Code of the Public General Laws
of Maryland (1924 Edition), title "Testamentary Law, " sub-
title "Debts, " be and it is hereby repealed and re-enacted, with
amendments, so as to read as follows:

106. Executors and administrators shall have full power to
commence and prosecute any personal action whatever, at law
or in equity, which the testator or intestate might have com-
menced and prosecuted, except actions of slander; and they
shall be liable to be sued in any court of law or equity, in any
action (except for slander) which might have been maintained
against the deceased; and they shall be entitled to and answer-
able for costs in the same manner as the deceased would have
been, and shall be allowed for the same in their accounts, if the
court awarding costs against them shall certify that there were
probable grounds for instituting, prosecuting or defending the
action on which a judgment or decree shall have been given
against them; provided, however, that any such action for in-
juries to the person to be maintainable against an executor or
administrator must be commenced within six calendar months
after the death of the testator or intestate.

SEC. 3. And be it further enacted, That Section 1 of Article
67 of the Annotated Code of the Public General Laws of Mary-
land (1924 Edition), title "Negligence Causing Death, " be
and it is hereby repealed and re-enacted, with amendments, so
as to read as follows:

1. Whenever the death of a person shall be caused by
wrongful act, neglect or default, and the act, neglect or default
is such as would (if death had not ensued) have entitled the
party injured to maintain an action and recover damages in
respect thereof, the person who would have been liable if death
had not ensued, or the executor or administrator of the said
person who would have been liable in case of the death of the

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