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Proceeding upon Death of sole or sole surviving Defendant.
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CLVIII. In case of the Death of a sole Defendant or sole surviving Defendant, where the Action survives, the Plaintiff may file a Suggestion of the Death, and that a Person named therein is the Executor or Administrator of the Deceased, and may thereupon serve such Executor or Administrator with a Copy of the Summons and Plaint and Suggestion, and with a Notice, signed by the Plaintiff or his Attorney, requiring such Executor or Administrator to file a Defence within Twelve Days after Service of the Notice, inclusive of the Day of such Service, and that in default of his so doing the Plaintiff may sign Judgment against him as such Executor or Administrator; and the same Proceedings may be had and taken thereon after such Notice as upon a Writ against such Executor or Administrator in respect of the Cause for which the Action was brought; and in case the Plaintiff shall have issued his Summons and Plaint, but the Defendant shall not have pleaded before the Death, the new Defendant shall plead at the same Time to the Summons and Plaint and Suggestion; and in case the Defendant shall have pleaded before the Death the new Defendant shall be at liberty to plead to the Suggestion only by way of Denial, or such Plea as may be appropriate to and rendered necessary by his Character of Executor or Administrator, unless, by Leave of the Court or a Judge, he should be permitted to plead fresh Matter in answer to the Summons and Plaint, and in case the Plaintiff shall recover he shall be entitled to the like Judgment in respect of the Debt or Damages sought to be recovered, and in respect of the Costs prior to the Suggestion; and he shall be entitled in respect of the Costs of the Suggestion and subsequent thereto to the same Judgment as in an Action originally commenced against the Executor or Administrator.
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