221. Bond to be given by trustees

under conveyances for benefit
of creditors. Where bond is
to be filed.
222. Where property is to be sold
upon a contingency, bond not
required until contingency
arises. Where bond is to be
filed. Reports of sales by
trustees.
223. Sales heretofore made by trus-

tees under deeds. Where
trustees gave bond with one
surety only made valid. Pro-
viso.

224. When penalty may be for less
than double amount of trust
estate.

225. Failure of trustee to bond. Proceedings upon.

226. New trustee appointed by court.

227. Report of sales by trustees. 228. Failure of trustee to report. Proceedings upon.

229. Resignation of trustee. How made.

230. Appointment of new trustee. How made.

231. Transfer of trust funds to new trustee.

232. Power of court to order such transfer.

Abatement and Revivor.

1888, art. 16, sec. 1. 1860, art. 16, sec. 1. 1820, ch. 161. 1842, ch. 229. 1. No suit in chancery shall abate by the death of any of the parties in cases where the rights involved in the suit survive. Tilly v. Tilly, 2 Bl. 436. Austin v. Cochran, 3 Bl. 337. Neale v. Hagthorp, 3 Bl. 551. Glenn v. Hebb's Admr., 17 Md. 260. Diffenderffer v. Griffith, 57 Md. 84.

Ibid. sec. 2. 1860, art. 16, sec. 2. 1820, ch. 161, sec. 4. 1844, ch. 44, sec. 2.

2. If any of the parties to a suit in chancery, whether plaintiff or defendant, shall die after the filing of the bill or petition, it shall not be necessary to file a bill of revivor; but

ART. 16]

ABATEMENT AND REVIVOR.

375

1

any of the surviving parties may file a suggestion of such death, setting forth when the death occurred, and who is the legal representative of such deceased party, and how he is representative, whether by devise, descent or otherwise.

Somerville v. Trueman, 4 H. & McH. 43. Burch v. Scott, 1 Bl. 112. Hall v. Hall, 1 Bl. 130. Labes v. Monkur, 1 Bl. 130, note (n.) Owings' Case, 1 Bl. 370. Allen v. Burke, 1 Bl. 544. Griffith v. Bronaugh, 1 Bl. 547. Walsh v. Smyth, 3 Bl. 1. Glenn v. Clapp, 11 G. & J. 1.

1888, art. 16, sec. 3. 1860, art, 16, sec. 3. 1820, ch. 161, sec. 5. 1841, ch. 22, sec. 3. 1842, ch. 229, sec. 3.

3. Upon such suggestion, a subpoena shall issue for the legal representative of the deceased party, commanding him to appear and be made a party to such suit, if such representative resides in this State; and if such representative is a nonresident, then such notice shall be given, instead of the subpoena, as is provided for non-resident defendants.

Ibid. sec. 4. 1860, art. 16, sec. 4. 1820, ch. 161, sec. 4.

4. Any representative of a deceased party may appear and suggest in writing the death of the party under whom he claims, and be made a party in place of the person so dying, and proceed with the suit, on giving such notice to the opposite party as the court may direct.

Ibid. sec. 5. 1860, art. 16, sec. 5. 1844, ch. 44, sec. 1.

5. Where an executor or administrator dies who was originally a party, or has been made a party as the representative of a deceased party, the same proceedings as above stated shall be had to make the proper parties; and these provisions are to apply to any series of deaths which may occur to representatives who are parties, or who are made parties in the progress of the suit.

Ibid. sec. 6. 1860, art. 16, sec. 6. 1797, ch. 114, sec. 4.

6. If any party shall die after a cause has been set down for hearing, or submitted by both parties as ready for decision, the decree may be passed as if such party were alive, he having a solicitor in court; and such decree shall have the same effect as if no death had occurred, except that it shall not be entitled to a preference in the distribution of assets, either real or personal. Brogden v. Walker, 2 H. & J. 285.

1888, art. 16, sec. 7.

1860, art. 16, sec. 7. 1841, ch. 22, sec. 1.
1842, ch. 229, sec. 1.

7. If any defendant shall die after a decree for an account, sale or partition, or after such other proceedings have been had after appearance as would have warranted the passing of such decree, or if such deceased defendant shall have answered, confessing the facts stated in the bill, or shall have set up no defence to the relief therein prayed, the court may in its discretion order the case 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 a party, as may seem best calculated to advance the purposes of justice; provided, that the heir or other proper representative of such deceased defendant, at any time before final decree, may appear and be made a 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 defences, and none other, as might have been made if a bill of revivor, or supplemental bill in nature of a bill of revivor, had been filed against him.

Glenn v. Clapp, 11 G. & J. 1. Allen v. Burke, 1 Bl. 544. Franklin v. Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Schley's Lessee v. M. & C. C. of Balto., 29 Md. 46. Appold v. Prospect Building Ass'n, 37 Md. 457.

Ibid. sec. 8. 1860, art. 16, sec. 8. 1841, ch. 22, sec. 2. 1842, ch. 229, sec. 2. 8. If any of the parties to a suit 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 facias to be issued, or a bill of revivor to be filed against the proper representatives of such deceased party, or pass such other order or direct such other proceedings as may seem best calculated to advance the purposes of justice; provided, that the heir or other proper representative may appear, at any time before execution of said decree, and be admitted a party to the suit, on such reasonable terms as the court may prescribe, and such further proceedings may be had as may be necessary to a decision of said cause on its merits.

Glenn v. Clapp, 11 G. & J. 1. Allen v. Burke, 1 Bl. 544. Franklin v. Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Appold v. Prospect Building Ass'n, 37 Md. 457. Rowland v. Prather, 53 Md. 232. Thomas v. Thomas, 57 Md. 504. Goldschmid v. Meline, 86 Md. 372.

Ibid. sec. 9. 1860, art. 16, sec. 9. 1820, ch. 161, sec. 6.

9. If any representative of a deceased party shall fail to appear after being summoned, within four days after the return.

day of the subpoena, or shall fail to appear after notice by publication, the court may order the appearance of such representative to be entered; to have the same effect as if such repsentative had appeared in person and been made a party.

1888, art. 16, sec. 10. 1860, art. 16, sec. 10. 1797, ch. 114, sec. 3. 1828, ch. 184. 10. Any representative of a deceased party who shall secrete himself, or in any manner evade the service of any process issued against him, may, on proof of that fact to the satisfaction of the court, be proceeded against as if he were a nonresident defendant.

Ibid. sec. 11. 1860, art. 16, sec. 11. 1820, ch. 161, sec. 5.

11. In all cases where any of the parties to a suit may die, and any party to such suit or representative of a deceased party shall leave the State before the process or notice which such death may render necessary is served on him, he may be proceeded against as if he were a non-resident defendant.

Ibid. sec. 12. 1860, art. 16, sec. 12. 1799, ch. 79, sec. 3. 1820, ch. 161, sec. 5. 12. A bill of revivor or supplemental bill in the nature of a bill of revivor may be filed instead of a suggestion of the death of the party, and notice thereof shall be given to the party against whom the same may be filed, if a resident of this State, by subpoena, or service of a copy of such bill of revivor or supplemental bill, as the court may direct; or if the party be a non-resident, or secrete himself, or evade the service of the summons or copy, or if the residence of the party be unknown, then notice by publication may be given as against non-resident defendants.

Ibid. sec. 13. 1860, art. 16, sec. 13. 1831, ch. 311, sec. 14. 1843, ch. 40. 13. No suit in equity shall 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 proper.

Hall v. Hall, 1 Bl. 130. Allen v. Burke, 1 Bl. 545. Coombs v. Jordan, 2 Bl. 326. Franklin v. Franklin, 1 Md. Ch. 342. Matthews v. Merrick, 4 Md.

Ch. 364.

Alimony.

1888, art. 16, sec. 14. 1860, art. 16, sec. 14. 1777, ch. 12, sec. 14.

14. The courts of equity of this State shall and may hear and determine all causes for alimony, in as full and ample

manner as such causes could be heard and determined by the laws of England in the ecclesiastical courts there.

Galwith v. Galwith, 4 H. & McH. 477.

Wallingsford v. Wallingsford, 6 H. & J. 485. Crane v. Meginnis, 1 G. & J. 475. Hewitt v. Hewitt, 1 Bl. 101. Helms v. Franciscus, 2 Bl. 568. Daiger v. Daiger, 2 Md. Ch. 338. Coles v. Coles, 2 Md. Ch. 347. Tayman v. Tayman, 2 Md. Ch. 398. Dunnock v. Dunnock, 3 Md. Ch. 143. Jamison v. Jamison, 4 Md. Ch. 295. Ricketts v. Ricketts, 4 Gill, 109. Wright v. Wright's Lessee, 2 Md. 429. Wiles v. Wiles, 3 Md. 7. Feigley v. Feigley, 7 Md. 563. Schindel v. Schindel, 12 Md. 294. J. G. v. H. G., 33 Md. 401. Keerl v. Keerl, 34 Md. 21. Wagoner v. Wagoner, 77 Md. 195.

1888, art. 16, sec. 15. 1860, art. 16, sec. 15. 1841, ch. 262, sec. 3. 15. In cases where a divorce is decreed, alimony may be awarded.

Amendment.

Ibid. sec. 16. 1860, art. 16, sec. 16. 1854, ch. 230.

16. Upon application of either plaintiff or defendant to any court of equity, he shall have the right, upon payment of such costs as the court may direct, to amend at any time before final decree, the bill of complaint, answer, pleas, demurrers, or any of the proceedings in any cause before the court, so as to bring the merits of the case in controversy fairly to trial. Dorsey v. Clarke, 4 H. & J. 551. Thompson v. McKim, 6 H. & J. 311. Thomas v. Frederick Co. School, 7 G. & J. 369. Fitzhugh v. McPherson, 9 G. & J. 51. McKim v. Thompson, 1 Bl. Kipp v. Hanna, 2 Bl. 26. Binney's Case, 2 Bl. 99. Walsh v. Smyth, 3 Bl. 1. Price v. Tyson, 3 Bl. 392. Cullison v. Bossom, 1 Md. Ch. 95. Swan v. Dent, 2 Md. Ch. 111. Roser v. Slade, 3 Md. Ch. 91. Hitch v. Davis, 3 Md. Ch. 266. Williams v. Savage Manfg. Co. 3 Md. Ch. 418. Watson v. Goodwin, 4 Md. Ch. 25. Iglehart v. Mayer, 4 Md. Ch. 520. Thomas v. Doub, 1 Md. 252. Bowie v. Stonestreet, 6 Md. 418. Warren v. Twilley, 10 Md. 39. Calvert v. Carter, 18 Md. 107. Glenn v. Clark, 53 Md. 580. Smook v. Munday. 96 Md. 515.

162.

Ibid. sec. 17. 1860, art. 16, sec. 17. 1841, ch. 315.

17. In any suit in chancery where any of the parties are under age, femes covert, of unsound mind or non-residents, the proceedings may be amended by making new parties or otherwise, and it shall not be necessary to have any new pleadings or proofs in such cases of amendment, unless the court shall deem such new pleadings and proofs necessary to promote the ends of justice, or unless such new party desires to plead or objects to the proof.