ART. 2.] ABATEMENT. 11

against such person, and compel him to appear to such action;
and if any person being summoned as aforesaid shall refuse or
neglect to appear to such action by the fourth day of the court
next after the court to which such person maybe summoned
to appear, then the court may cause the appearance of such
person to be entered, and there shall be the same proceedings
therein as if such person, had voluntarily appeared, and all the
proceedings had before the death of the party shall be consi-
dered as proceedings in the action, and such further proceedings
shall be had to bring the cause fairly to trial as the court may
deem proper.

3. If the plaintiff in any action mentioned herein shall die
before judgment is given, the heir, executor or other proper
person to prosecute such action may appear and prosecute the
same, but if such person does not appear to prosecute such
action at the court at which the death is suggested, then the
defendant may issue a summons returnable to the next court,
directed to the proper person to prosecute such action, and
if such person upon being summoned shall fail to appear, the
court shall, upon being satisfied that the person so summoned is
the proper person to prosecute such action, issue an attachment
of contempt to compel an appearance of such person, and if the
person so summoned do not appear to prosecute such action by
the fourth day of the court next after the court to which such
summons may be returned served, judgment of nonsuit shall be
entered, and such judgment shall be as valid and have the same
legal consequences and effect as if the same had been entered
against the original plaintiff in the action, and if the person so
summoned to prosecute shall appear to such action at any time
before judgment of nonsuit shall be entered as aforesaid, all
proceedings in the action had before the death shall be con-
sidered as proceedings in the cause, and such other proceedings
shall be had to bring the cause fairly to trial as the court may
deem proper.

4. In all cases where a new party has been made to any action
under the provisions of this article and the new party so made,
or any other party, shall die before judgment, the proper person
to prosecute or defend such action in the place of a party so
dying shall be made a party to such action, and the same pro-
ceedings shall be had to compel the appearance of the proper
person to prosecute or defend as provided for by this article to