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Session Laws, 1840
Volume 592, Page 313   View pdf image
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1341.

LAWS OF MARYLAND.

CHAP. 22.
Bill of revivor
may be filed.

may order the cause to he proceeded in as if no such death
had occurred, or required a bill of revivor or supplemen-
tal bill, in nature of a bill of revivor, to be filed against
the proper representative of the deceased party, as may
seem best calculated to advance the purposes of justice;
provided nevertheless, that in any case, if any heir, devisee
or other proper representative of the deceased party, as
may seem best calculated to advance the purposes of justi-

If any heir, &c.
appear in court
and pray to be
made a party to
suit, &c.

ces; provided nevertheless, that in any case, if any heir,
devisee or other proper representative of the deceased
party, shall appear in court, in person or by solicitor; at
any time before a final decree shall he passed, and pray to
be made a party to the suit, the court shall pass an order
admitting such person as a party to the suit, upon such

May file answer
to original bill.

terms as may appear reasonable; and thereupon, such new
party shall be at liberty, subject nevertheless, to the terms
which may be imposed on him, as before stated, to file an
answer to the original bill, in which he may insist on such
defences, and none other, as might have been made in case
a bill of revivor or supplemental bill, in nature of a bill of
revivor, had been filed against him; and such other pro-
ceedings may thereon be bad, as may be necessary to bring
the cause to a hearing, on its merits, against the said de-
fendant.

Court may or-
der execution of
decree, &c.

Proviso.

SEC. 2. And be it enacted, That a final decree shall not
necessarily abate, by the suggestion of the death of any one
of the parties thereto, but in such case the court may order
execution to he made of such decree, as if no such death
had occurred, or require a subpoena, scire facias to be is-
sued, or a bill of revivor or supplemental bill, in nature of
a bill, in nature of a bill of revivor, to be filed against the
proper representative of the deceased party, or pass such
other order, or direct such other proceedings as may seem
best calculated to advance the purposes of justice; provided
nevertheless, that the heir, devisee or other proper repre-
sentative of such deceased party, shall appear in court, in
person or by solicitor, at any time before execution of said
decree, and pray to be made a party to the suit, the said
shall pass an order admitting the said person as a party to
the suit, upon such terms as may appear reasonable; and
. such further proceedings may thereupon be had, as may be
necessary, to bring the cause to a final decision and con-
clusion, on its merits, against the said party.

Complainant to
have process of
subpoena.

SEC. 3. And be it enacted, That on the filing of any bill
of revivor or supplemental bill, in nature of a bill of revi-
vor, against any defendant, whether adult or infant, the



 
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Session Laws, 1840
Volume 592, Page 313   View pdf image
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