SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

found within the state, by serving it personally, or leaving it at
his, her, or their usual place of abode, and if residing elsewhere.
by publication as in the case of absent defendants.
5. And be it enacted, That whenever, alter the filing of any bill
in the chancery court, or any county court exercising chancery
powers, any of the parties shall die or shall have died, and the
legal representative or representatives of such party shall fail or
neglect to appear, and cause him, her or themselves, to be made
party or parties instead of such deceased party, within the four
first days of the term next after such death, the opposite party or
parties, or any of them, may file a suggestion of such death, set-
ting forth when it took place, and whether the said deceased par-
ty left a will or died intestate, and who are his or her executors,
administrators, devisees or heirs, as the case may be, whereupon
it shall he the duty of the court, and it is hereby authorised, to
issue a summons to the executors, administrators, heirs and de-
visees, of the said deceased party, or either or any of them, as
the case may be, commanding him, her or them, to appear at
such time as the court in its discretion shall direct, and be made
parties to the said suit, instead of the said deceased party; which
summons, in case the party or parlies to whom it is directed shall
reside within this state, shall be served personally on him, her or
them, or left at his, her, or their usual place of abode, so long
before the time therein fixed for appearance, as the court in its
discretion shall direct; and in case they or any of them shall re-
side out of this state, shall be published, as to such absentee or
absentees, in the manner prescribed by law for publication against
absent defendants in suits in the chancery court.

CHAP. 161.

Representative of
party dying, and
failing to appear,
opposite party,
may file a sug-

gestion of death,
&c.

6. And be it enacted, That on the return of such summons, and
due proof of its service or publication, the parties named therein,
and summoned to appear and become parties to the suit, failing
to do so, according to the exigency of the said summons, within
the first four days of the term at which he, she or they, shall
have been required by the said summons to appear, the court
shall have power, and is hereby required, to cause the said party
or parties to be entered as party or parties to the said suit, in the
place of the said deceased party, and to proceed in the said suit
in all respects as if the said party or parties had appeared and
entered as aforesaid, or had originally been party or parties to
the said suit.

On return of sum-
mons and party
failing to appear,
court may enter
them, as parties,
&c.

7. And be it enacted, That in all cases where any new party or
parties shall have been made to a suit, according to the provi-
sions of this act, at the instance and on the application of the op-
posite party, such new party or parties may, on appearance, and
by suggestion, on oath, deny all or any of the matters alleged
and set forth in such application; which matters so denied shall
then he proved in the progress of the cause, in the same manner
as allegations in a bill which are denied or not admitted; and
where any person or persons shall, on his, her, or their own ap-
plication, be admitted as party or parties to any suit in the place
of a party or parties alleged to be dead, the opposite party may
in like manner, by suggestion on oath, deny all or any of the.
matters alleged in the said last mentioned application, whereup-
on the matters so denied shall, in the progress of the cause, be

In cases where
new parties are
made, they may
deny matters al-
leged, &c.