the-ordinances-of-the-legislative-counci-1890 — Page 361

ORDINANCE No. 6 or 1855 . 325


Common Law Procedure.


84. In the case of the death of a sole plaintiff or sole remaining In case of sole
plaintiff.
plaintiff, the legal representative of such plaintiff may, by leave of the
Court, enter a suggestion of the death , and that he is such legal represen
tative, and the action shall thereupon proceed ; and , if such suggestion be
made before the trial , the truth of such suggestion shall be tried thereat,
together with the title ofthe dead plaintiff, and such judgment shall follow
upon the verdict in favor of or against the person making such suggestion ,
as if such person were originally the plaintiff.
85. In case of the death of a sole defendant or sole remaining defend Upon death
of sole or soie
ant, where the action survives , the plaintiff may make a suggestion , either surviving
defendant.
in any
of the pleadings , if the cause has not arrived at issue, or in a copy
of the issue, if it has so arrived , of the death , and that a person therein
named is the executor or administrator of the deceased ; and may there
upon serve such executor or administrator with a copy of the writ and
suggestion, and with a notice, signed by the plaintiff or his attorney , re
quiring such executor or administrator to appear within eight 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 ensue in case

of non-appearance 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 no pleadings have taken place before the death , the suggestion
shall form part of the declaration , and the declaration and suggestion may
be served together, and the new defendant shall plead thereto at the same
time ; and in case the plaintiff shall have declared , but the defendant shall
not have pleaded, before the death, the new defendant shall plead at the
same time to the declaration 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 or rendered necessary by his character of executor or ad
ministrator, unless by leave of the Court he should be permitted to plead
fresh matter in answer to the declaration ; and in case the defendant shall

have pleaded before the death , but the pleadings shall not have arrived at
issue, the new defendant, besides pleading to the suggestion, shall continue
the pleadings to issue in the same manner as the deceased might have
done, and the pleadings upon the declaration and upon the suggestion
shall be tried together ; and in case the plaintiff shall recover, he shall be
entitled to the like judgment in respect of the debt or sum sought to be