234 LAWS OF MARYLAND [Ch. 2
Subsection (b) is new language derived from
Art. 16, §1 and Rule 220 (b). Interestingly,
although an action for divorce is personal
and does not survive, insofar as marital
rights are concerned, an appeal may be
maintained after the death of a party with
regard to rights in the decedent's property,
Thomas v. Thomas, 57 Md. 504 (1882).
Although Rule 220 covers abatement of action,
and although abatement is generally regarded
as procedural, whether or not a cause of
action survives is substantive. This section
is retained here and phrased in terms of
survival for that reason.
Rule 220 allows substitution of the personal
representative of a deceased party. The
liability of a personal representative for
acts done by the decedent is covered in Art.
93, §8-109. Although similar provisions
appear in Art. 75, §15, they have been
omitted here and §15 is proposed for repeal.
The provisions of Art. 16, §1 relating to the
effect of a posthumously issued decree on the
distribution of assets of the deceased's
estate has been deleted and is proposed for
repeal; the matter is covered by Art. 93.
The only other changes made are in style.
SEC. 6-402. CONTINUANCE BECAUSE OF LEGISLATIVE
DUTIES.
(A) IN GENERAL.
IF A MEMBER OR DESK OFFICER OF THE GENERAL
ASSEMBLY IS AN ATTORNEY OF RECORD IN A PROCEEDING, THE
PROCEEDING SHALL BE CONTINUED FROM FIVE DAYS BEFORE
THE LEGISLATIVE SESSION CONVENES UNTIL TEN DAYS AFTER
[[IS]] IT IS ADJOURNED.
(B) LEGISLATIVE COUNCIL.
IF A MEMBER OF THE LEGISLATIVE COUNCIL OR A
SUBCOMMITTEE OF THE COUNCIL IS AN ATTORNEY OF RECORD
IN A PROCEEDING, THE PROCEEDING SHALL BE CONTINUED
WHILE THE LEGISLATIVE COUNCIL OR SUBCOMMITTEE IS
HOLDING A MEETING.
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