12 ABATEMENT. [ART. 2.

compel the appearance of the proper party on the death of the
original plaintiff or defendant,

5. Any new party to any action may use and rely upon any
pleadings put in by his predecessor in such action, or shall have
the same right to amend the pleadings or proceedings in such
action as if he had been an original party thereto.

6. In all cases where a new party is made to an action, the
costs which accrued before such new party was made shall be
taxed as part of the costs in such action, and the judgment ren-
dered shall be the same as if the action had been originally com-
menced between the persons who are the parties to such action;
Provided, that no defendant who is made a new party to such
action shall be burdened with debts, damages or costs, further
than property or assets have descended or come to his hands from
the deceased.

7. If any heir, executor, or other proper person to be made
a party, shall reside in a different county than that in which
such action is pending, and it may be necessary to make such
heir, executor, or other person a party to such action, a sum-
mons may be issued for such heir, executor or other proper
person, directed to the sheriff of the county where such heir,
executor or proper person resides, returaable to the court from
which the same issued, and the same proceedings shall be had
as if such heir, executor, or other proper person lived in the
county where the action was pending.

8. If any defendant in any action shall die pending such
action, and the heir or executor of such defendant, or other
proper person necessary to be made party to such suit or action,
resides out of this State, the court in which such action is pend-
ing, shall, on motion, order and direct a subpoena to be issued,
directed to such heir, executor, or other proper person, com-
manding him to be and appear, before such court on or before
the first day of its next session thereafter, to answer unto the
plaintiff in such action in the plea therein, if to him it shall seem
meet, which subpoena the plaintiff in the said action may serve,
or procure to be served, upon such heir, executor or other proper
person, and upon proving to the satisfaction of the court to which
such subpoena shall be made returnable, that the same has been
duly served, and the heir, executor or other proper person so
served with the said subpoena shall not appear on or before the