Supplement to the Maryland Code

PUBLIC GENERAL LAWS.

AETIGLE II.

Abatement.

The Act of 1862, ch. 167, adds the following section:

SEC. 1. In any cause in which one, or more appellants or appel-
lees, plaintiffs or defendants, in error, shall have died, or shall die
after appeal taken, or writ of error sued out, and before final
judgment upon such appeal or writ of error in the Court of
Appeals, and the executor of such party, or his administrator,
shall have failed, or shall fail to appear in the Court of Appeals,
and to suggest such death, and judgment has been or shall be
given, as if the said party so deceased was alive, then, and in
such event, it shall and may be lawful for any surviving party
to such appeal, or writ of error so adjudged as aforesaid, to sug-
gest in the Court of Appeals, the death of the said party to the
said appeal, or writ of error, prior to the entering up of the
judgment in the said court, and to shew to the Court of Appeals,
who is the executor, or administrator of the deceased party, and
in that event, it shall be competent for the said Court of Ap-
peals, to order execution to issue in the said cause to the same
extent, and in the same manner, as if the said executor, or ad-
ministrator had suggested the death of the person so dying as
aforesaid, and had appeared to prosecute or defend said writ of
error or appeal.
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