Page:United States Statutes at Large Volume 31.djvu/1280

 1228 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. €,§}f”g;¤g‘;§€,§$,a§’fg*'§6 defendant, as the case may require, may appear to such action. And appear, etc. in case the proper person to defend such action shall not appear to the same during the term of the court in which such death may be suggested, the plaintiff may cause a summons to be issued, directed to the proper person to defend such action, to be served on such person, if found in the District of Columbia and legally suable therein, requiring him to appear thereto on or before the twentieth day, exclusive of Sundays and legal holidays, occurring after the service thereof, and show cause why such action should not be rosecuted to judgment; and if it shall appear to the court that such summons has been duly served, and the person so summoned shall not appear as thereby required, then the court may cause the appearance of such person to be entered, and there shall be the same proceedings in said action as if said person had voluntarily appeared; and all the roceedings had before the death of the defendant shall be considered) as proceedings in the action, and such further proceedings shall be had to bring the m’f§g" P,§{$§§, ‘°O‘,j‘; cause fairly to trial as the court may deem proper. If the proper repyear. resentative of a deceased defendant be not made a party to the action within one year from the death of said defendant, the action shall _f;{,'{;*;°S·rep,eS€um_ abate as to such defendant: Provided, lwwewer, That where the repretive of deceased an sentative of the deceased is an executor or administrator the plaintiff °x°°“°°" shall have six months after the issuance of letters testamentary or of _ administration within which to make such representative adparty: Ami H§§}’j,‘}§‘g§iQ§¤Qf,,¥g‘;‘; provided fart/wr, That in case the summons above provided for shall be returned “N ot to be found,” publication may be substituted therefor in all cases in which proceeding by publication is authorized by this code. e I _,,,§’,‘,‘{,’}f“§,‘,§§f ,,§",,1,,‘§§j _ Sc. 237. Stnwmons ro nxnouroa, AND so ron·r11.—If the plaintiff mf- in any such action shall d1e before ]udgment IS given, the heir, evisee, executor, administrator, or other proper person to prosecute such action may appear and prosecute the same; and if such person does not appear to prosecute such action during the term of said court in which the death may be suggested, the defen ant may cause a summons to be issued, directed to the proper person to prosecute such action, requiring him to appear and prosecute the same on or before the twentieth day, exclusive of Sundays and legal holidays, occurring after service of the ,,6‘;‘°¤f)§1m°;*(fna*;fpe*;$j same; and if it shall appear to the court that suc summons has been ance, etc. duly served, and the party summoned shall fail to appear in obedience thereto to prosecute the action, or if said party be not found in the District of Columbia and shall not applear to prosecute such action b the fourth day of the second term of the court after the term at which the death is suggested, the action shall abate; but if the proper person to prosecute such action shall appear therein, either voluntarily o1· after beingsummoned as aforesaid, b€fO1'B said suit shall so abate, all proceedin s in` the action had before the death of the plaintiff shall be considereg as proceedings in the cause, and such other proceedings shall be had to bring the cause fairly to trial as the court may deem ro er. · - Dem °*¤°W P*’·”Y- P Sho. 238. DEATH or NEW PARTY.·····II1 all cases where at new arty has been made to any action under the (provisions aforesaid, ang the new party so made shall die before ju gment, or if an executor or administrator shall be removed from his office, the proper person to prosecute or defend such action in the place of the party so dying or removed may be made a party thereto by the same proceeding herein authorized on the death of the original plaintiff or defendant. P1¤¤<1i¤s¤- Sec. 239. PLEAmNes.—Any new party to any action may use and rely ulpon any pleadings put in by his predecessor in such action, or shall ave the—same right to amend the pleadings or proceedings in such action as if he had been an original party thereto.