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neglect of such sheriff, surveyor or other officer to execute
and obey such warrant of resurvey, order or other process, the
county court to which any such action shall or may he remov-
ed, and to which such warrant of resurvey order or other pro-
cess may be returnable, shall, on motion and upon proof of the
delivery of any such warrant of resurvey, order or other pro-
cess, amerce such sheriff surveyor or other officer, and enter up
judgment in the manner provided and directed by the first sec-
tion of this act.
3. AND BE IT ENACTED, That if any suit or ac-
tion brought or to be brought in any court of law in. this state,
which by law is not to abate by the death of either of the par-
tics thereto, and a declaration hath been or may be filed before
the death of the plaintiff therein, further proceedings may be
had upon the declaration so filed, but the executor or adminis-
trator as the case may require, or other proper person inter-
ested on the part of the deceased, may at any time after appear-
ance, have liberty to amend such declaration, in the same man-
tier its it might have been done by the original plaintiff if liv-
ing.
4. AND BE IT ENACTED, That if the defendant in
any suit or action hath died or hereafter shall die whilst such
suit or action shall be depending, and the heir, devisee, execu-
tor or administrator of such defendant as the case may require,
or other proper person, necessary to be made party to such
suit or action, resides out of this store, the court in which such
suit or action is or may be depending, shall on motion order
and direct a subpoena to be issued, directed to such heir, devi-
see, executor, administrator or other proper person as the case
may require, commanding him, her or them to be and appear
before such court on or before the first day of its next session,
thereafter, to answer unto the plaintiff in such suit or action,
in the plea therein, if to him, her or them it shall seem meet;
which subpoena the plaintiff in the said suit or action may
serve, or procure to be served upon such heir, devisee, execu-
tor, administrator or other proper person; and upon proving to
the satisfaction of the court to which such subpoena shall be
made returnable, that the same has been duly served, if the
heir, devisee, executor, administrator or other proper person,
so served with the said subpoena, shall not appear on or be-
fore the third day of the second term of the said court after
such service, in person or by attorney, and defend such suit or
action, the said court on motion shall order and direct a judg-
ment to be entered for the plaintiff in such suit or action, by
defaut nisi the third day of the succeeding term of said court;
find if the said heir, devisee, executor, administrator or other
proper person shall appear on or before the third day of said
succeeding term in person or by attorney, upon application to
the said court, the said judgment shall be stricken out, and the
said heir, devisee, executor, administrator or other proper per-
son as the case may be, shall be permitted to appear and defend
such suit or action.
5. AND BE IT ENACTED, That where any person
against whom any judgment or decree hath been or shall be
rendered or passed, hath appealed or shall appeal from such
judgment or decree, or hath brought, or shall bring a writ of
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Dec. Sess.
1816.
Declarations.
Persons
absent becom-
ing parties—
subpoena may
be issued.
Appeals.
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