MARVIN MANDEL, Governor                                     233

the Secretary of State) as an agent to accept
service of process. Such fictional
appointments are a creature of the pre-long
arm statute days when service of process was
the only way to get personal jurisdiction
over a non-resident defendant. These
sections are constitutionally inadequate as a
basis for personal jurisdiction because there
is no requirement that the Secretary notify
the defendant of the service. Service on a
non-resident under these sections is to be
made in accordance with the Maryland rules,
with a copy of the process sent to the
Secretary.

Art. 75, §§ 75B and 75C are proposed for
repeal because they duplicate Rule 106.

These sections provide for service on the

Department of Assessments and Taxation. The

provision retained imposes a duty on the

Department to notify the defendant of
service, and is not covered by Rule.

For appointment of other State officials, see
Art. 32A, §38 - Securities Commissioner;
Art. 48A, §§ 57, 205, and 347 - Insurance
Commissioner; and Art. 56, §219 — Real Estate
Commissioner.

SUBTITLE 4. PRACTICE, IN GENERAL.
SEC. 6-401. SURVIVAL OF ACTIONS.

(A)   AT LAW.

A CAUSE OF ACTION AT LAW, WHETHER REAL, PERSONAL,
OR MIXED, EXCEPT SLANDER, SURVIVES THE DEATH OF EITHER
PARTY.

(B)   IN EQUITY.

A RIGHT OF ACTION IN EQUITY SURVIVES THE DEATH OF
EITHER PARTY IF THE COURT CAN GRANT EFFECTIVE RELIEF
IN SPITE OF THE DEATH.

REVISOR'S NOTE: Subsection (a) is new language
which is a synthesis of Art. 75, §§ 15A and
15B. Section 15B is covered completely by
Rule 220. Section 15b duplicates, in part, a
provision in §3—902 of this article (Art. 67,
§1).