INDEX.

1841

Chap.

Sec.

the bill, and thereby admitted the facts, or

failed to set up any defence to the relief

prayed; in such case the court may order

the cause to be proceeded in, as if no such

death had occur, or required bill of revivor,

&c. to be filed against the representative

of the deceased party, &c.

22

1

CHANCERY, HIGH COURT OF—

In any case, nevertheless, if any heir,

&c. shall appear, &c. at any time before

final decree, and pray to be made a party,

the court shall pass an order admitting

such person, &c., upon such terms as may

appear reasonable; and such new party

upon the terms imposed, may file an an-

swer, &c. in which he may insist on such

defence, and none other, as might have

been made in case of bill of revivor, &c.

"

"

A final decree shall not abate necessa-

rily by suggestion of death of any one of

the parties, but the court may order execu-

tion, &c. as if no death, &c. or require

subpoena, &c. to be filed against proper re-

presentative, or pass such other order, &c.
as may seem best calculated to advance

justice; provided nevertheless, that the heir,

&c. shall appear in court, &c. at any time

before execution, and pray to be made a

party, &c. the said court shall pass an or-

der admitting the said person as a party,

upon such terms as may appear reasonable;

and such further proceedings may be had

as to bring; the case to final decision on its

merits, against said party,

"

2

That, on the filing of any bill of revivor,

&c. against any defendant, whether adult

or infant, the complainant may have sub-

poena, &c. or an order directing such notice

of said bill to said defendant, as to said

court shall appear proper, for said defen-

dant to appear, &c. on or before said day,

to be fixed by said order, to shew cause

why an order should not be passed, &c.

and on return of subpoena, summoned, or