LAWS OF MARYLAND.

1842

tative of the deceased party, shall appear in court, in per-
son or by solicitor, at any time before a final decree shall
be 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 terras as may appear reasonable;
and thereupon such new parly 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 proceedings may therein be had as may be
necessary to bring the cause to a hearing on its merits
against, the said defendant.

CHAP. 229.

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 be made of such decree as if no such death
had occurred, or require a subpoena, scire facias to be is-
sued, or bill of revivor or supplemental 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 ad-

Court may
order execu-
tion of decree
as if no death
had occurred.

vance the purposes of justice; provided nevertheless, that
if the heir, devisee or other proper representative of such
deceased party shall appear in court in person or by solici-
tor at any time before execution of said decree, and pray to
be made a party to the suit, the said court shall pass an or-
der admitting the said person as a party to the suit upon
such terms as may appear reasonable, and such further pro-
ceedings may thereupon be had as may be necessary to
bring the cause to a final decision and conclusion on its
merits against the said party.

Proviso.

SEC. 3. And be it enacted, That on the filing of any bill
of revivor or supplemental bill in nature of a bill of revivor,
or against any defendant, whether adult or infant, the com
plainant may at his election have process of subpoena
against the defendant thereto, or an order directing such
notice of said bill and of its object to be given to the said
defendant by publication in a newspaper or otherwise as to
the said court shall appear proper, warning the said defend-
ant to appear in said court in person or by solicitor, on or
before some day to be fixed by said order, to show cause
why a decree should not be passed as prayed by the bill;
and on the return of the subpoena summoned, or upon non-
est returned to two successive writs of subpoena regularly
issued, or upon proof of notice being given as aforesaid, and
upon failure of the defendant to appear and answer the said

Notice to be
given defen-
dant by pub-
lication.