Page:United States Statutes at Large Volume 31.djvu/1281

FIFTY-SIXTH CONGRESS. sms. II. on. 854. 1901. 1229 Sec. 240. CosTs.—-In all cases where a new party is made to an action p&‘QQ;*·§S ljjggg muebz the costs which accrued before such new party was made shall be taxed mxed. ccc. as part of the costs in such action, and the judgment rendered shall be the same as if the action had been origina ly commenced between the persons who are parties to such action: Provided, That no defendant _§{u°}g“§§éf€nd&u,_e,C_ . who is made a new party to such action shall be burdened with debts, ` damages, or costs beyond the amount of property or assets descended · or come to his hands from the deceased. Sec. 241. J OINT PARTIES.-IH case of the death of one of several J°l“‘P““°S· joint defendants to an action, where the right of action will survive as aforesaid, the same proceedings shall be had to make the proper representative of the deceased a party to the action as in the case of a sole defendant. _ Sec. 242. APPEALS FROM JUSTICES or THE PEACE. —An appeal from tigggiife §§,§g€_J“”‘ a judgment rendered by any justice of the peace shall be deemed an action within the meaning of the aforegoing provisions. SEo. 243. Eourrr sU1Ts.—No suit in equity shall abate by the death Eq““YS““S· of any of the parties in cases where the rights involved in the suit survive. SEc. 244. DEATH or PARTY TO EQUITY so1T.——If any of the parties to €ql§,§g§§u,‘gf Pu"? ‘° a suit in equity, whether complainant or defendant, shall die·after the ` filing of the bill or petition, it shall not be necessary to file a bill of revivor; but any of the surviving parties may file a suggestion of such death, setting forth when the deat occurred, and who is the legal representative of such deceased party, and how he is the representative, whether by devise, descent, or otherwise. " 1 Sec. 245. SUBP(ENA T0 REPRESENTATIVES.·—UpOH such a suggestion seigfggga *0 ’°P’€“ a. suhpirna shall issue for the le al representative of the deceased party, ' com ding him to appear and be made a party to such suit, if such regtative reside within the District of olumbia; and if such repre ive is a nonresident, then such notice shall be (given instead of the snbptena as is herein elsewhere provided for nonresident defendants. Sec. 246. DEATH AFTER 1>EoREE Fon ACCOUNT, AND so FORTH.-If ,,,,P§§;*gu§§“;,§““’“ any defendant shall die after a decree for an account, sale, or parti- ' tion, or after such other proceedings shall have been had after a pearance as would have warranted the passing of such a decree, or if) such - deceased defendant shall have &DSW€1‘Bd, confessing the facts stated in the bill, or shall have set up no defense to the relief therein prayed, the court may, in its discretion, order the cause to be proceeded in as if no death had occurred, or may order a bill of revivor or a supplemental bill to be filed, and the proper representative of such deceased defendant to be made a party, as may seem best calculated to advance the purposes of `ustice: Provided, That the heir or other proper repre- ffggghuces more sentative of such deceased defendant, at any time before iinaldecree, ami decree, em. may appear and be madea party on such reasonable terms as the court may direct; and such new party may file an answer to the original bill, subject to such terms as the court may impose, in which he may insist on such defenses, and none other, as might have been made to a bill of revivor or supplemental bill in the nature of a bill of revivor filed against. him. SEo. 247. MARRIAGE or PARTY.——NO suit at law or in equity shall M“"‘“g° °‘P“‘*Y· abate by the marriage of any of the parties; but on application of any of the parties the court may, on such terms and notice as it shall deem proper, allow and order any amendment in the pleadings and the making of any new or additional parties that such marriage may- render necessary or Broper. ‘ SEc. 248. EATH AFTER FINAL nEcREE.——If any of the-parties to a crgjalh ¤f°*=* *****1 dssuit die after final decree, the court may order execution of such decree ` as if no death had occurred, or the court may order a subpoena scire