162

LAWS OF MARYLAND, Nov. SESS. 1812.

1812.

there be any one or more of the heirs or devisees of
any deceased person residing in the county in which
the said person was resident at the time of his death,
or in which his real estate or some part thereof was
situated, then and in such case the capias ad respon-
dendum shall issue forth out of the county court of
the county in which the deceased died, or in which
his real estate or some part thereof is situated.

Demise of de-
fendants while
actions are
pending.

4. AND BE IT ENACTED, That the defen-
dant in any suit or action now depending, or which
may hereafter be brought in any county court of this
State shall die pending such suit or action, and his
executor or administrator shall reside in a different
county than that in which such suit or action may be
depending, and it shall and may be necessary to
make such executor or administrator a party to such
suit or action, it shall and may be lawful for the
clerk of the county court in which such suit or ac-
tion shall be depending, to issue a summons directed
to the sheriff of the county in which the executor or
administrator of the deceased defendant may reside,
returnable to the county court from which the same
issued, and the sheriff of the county to whom any
such summons shall be directed and delivered, shall
serve the same and make return thereof to the court
from which it issued, and the same proceedings shall
and may be thereon had as is provided by the first
section of the act passed in seventeen hundred and
eighty five, chapter eighty.

CHAPTER 146.

Passed Dec.
28, 1812.
Commission-
ers to lay out
and open said
road—its
width and di-
rection — re-
pair.

An act to lay out and open a road in Baltimore county.
SEC. 1. BE IT ENACTED by the General As-
sembly of Maryland, That Thomas Merideth, Abra-
ham Slade and David Gorsuch be, and they are
hereby appointed commissioners, and they or a majo-
rity of them are hereby authorised and empowered
to lay out and open a road, commencing in the Old
York; Road at the place where the road leading to
Elisha and David Gorsuch's mills intersects the said
Old York Road, and from thence to the said Balti-
more and York Turnpike Road, near the widow
Margaret Calder; and the said commissioners or a
majority of them shall make out a plot of said road,
and return the same to the clerk of Baltimore county
court, to be recorded among the records of said
county, and the said road when opened and recorded
as aforesaid, and the valuation herein after directed