INDEX.

1842

Chap.

Sec.

fendant, &c. court may order notice to such

by publication, &c. upon failure to appear

&c. decree to be passed as circumstances of

the case may require, but in all cases when

such non-resident is non compos, no decree

to pass unless allegation be proved under

commission to be issued, &c. and in all cases

of non compos, non-resident defendants, the

court at the time of issuing commission to

assign a solicitor to cross examine witnesses

solicitor to be paid by plaintiff' or out of the

estate of defendant at the discretion of the

court.

209

1

Notice by publication to be given in all

cases when it is ascertained, whether the

person who ought to be a party be living or

dead, &c. description of person to be given

of heirs left, &c.

"

2

In any suit in, where there are several de-

fendants, suit not necessarily to abate by the

death of one or more, &c. against whom de-

cree for account, &c. shall have been passed

or other proceedings had as would have
warranted such decree, &c. court may order

the case to be proceeded in as if no such

death had occurred, &c. or require a bill of

revivor, &c. provided if any heir, &c. shall

appear before final decree and pray to be

made a party, the court may pass an order

admitting such person, &c. subject to the

terms imposed, &c.

229

1

Final decree shall not abate by the sug-

gestion of the death of any one of the par-

ties, court in such case may order execution

of such as if no death had occurred, &c.

"

2

On filing bill of revivor, &c. complainant

may have process of subpoena against de-

fendant or an order of publication, &c. or

return of subpoena "summoned" or upon

non est returned to two writs, &c. or upon

pfoof of notice, &c. and upon failure of

defendant to appear and answer, &c. court

may order said suit to be revived, &c.

"

3

In all suits, &c. not less than three months

notice, &c.

"

4

In all cases when the court has passed or-

der of publication and the same to be valid

39