shall be minors without guardian, the court wherein the said suit is pending, shall be authorized and empowered, upon application, to appoint a guardian or guardians to defend said suit in behalf of said minor or minors, who shall be next of kin to him or them, or such other person or persons as the court shall approve.
9.[1] How service to be made when heirs or devisees are out of the State. Whenever any of the heirs or devisees, or their, or other of their guardians, shall reside out of State, the sheriff of the county to whom the declaration and notice shall issue, shall upon making his return state the fact, and an alias declaration and notice shall issue, and an advertisement of such notice shall e made in some public gazette of this State, and such as the court shall prescribe, for the space of three months: and if the same return shall be made after such advertisement as aforesaid, the suit may be prosecuted in such manner and to the same effect, as if such declaration and notice had been served.
10.[2]Actions of detinue or trover or for injuries to real or personal property not to abate by the death of either party. No action of detinue, or trover, or action of trespass vi et armis, or trespass on the case, where property, either real or personal, is in contest, or brought to recover damages done to property, real or personal, and which is not merely vindictive, shall, in any cause or court, abate or be discontinued by the death of either party, plaintiff or defendant, but the same shall and may be revised in the manner prescribed for the revival of other actions.
11.[3] Appeals not to abate by the death of either party. No appeal,
Note.—References to Adjudged Cases.
Sect. 1. Hamilton vs. Jones, 1 Murph. 441. Smith vs. Walker, 2 Car. Repos. 244.
