Page:Revised Statutes of the State of North Carolina - Volume 1.djvu/80

Rh 3. Whenever any plaintiff or defendant in any suit shall die, and there shall be any contest for the administration on the estate of the deceased, or for the probate of any last will and testament of such deceased person, such suit shall be continued from term to term until said contest is determined, and until after the expiration of one term after such determination, when the same may be abated plea.

4. No suit in any court of law or equity, brought or prosecuted, shall abate on account of the plaintiff's marriage, and it shall be lawful for the husband of any woman having a suit depending, to make himself a party thereto, on motion at the next or succeeding term after his marriage, and the suit shall afterwards be carried on as if he and his wife had been originally plaintiffs. Provided always, when application is made by any person who has married a feme sole plaintiff, to be plaintiff in the prosecution of any suit brought by his wife before marriage, it shall be the duty of the clerk of said court to take bond and security for the payment of costs in the same manner as other plaintiffs who have failed to prosecute, and shall be subject to the same writs of execution, and, upon said bond being executed, the security originally given for the prosecution of the suit shall be discharged from any liability thereon.

5. Whenever a feme sole defendant shall marry pending the suit, her husband may be made party defendant, if the plaintiff shall so choose, and the suit afterwards shall proceed against such feme and her husband.

6. No suit to which an executor or administrator is party, plaintiff or defendant, shall abate by the death of such executor or administrator, but the same may be revived by or against the administrator de bonis non, or the executor of the executor of such deceased party, as the same may be revived by the existing law by or against an executor upon thee death of his testator, plaintiff, or defendant.

7. No action of ejectment shall abate by the death of any defendant in said action, but the same may be revived by serving on the heirs at law, or devisees of said defendant, or the guardian, within two terms after his decease, a copy of the declaration filed in said action, together with a notice to the heirs or devisees, or their guardian if they be minors, to appear and defent the suit, and after such service the suit shall stand revived, and shall be proceeded on in the same manner as if the defendant were living.

8. Whenever any of the heirs at law, or devisees of such defendant, to whom the land in dispute shall descend or be devised,