
    Darnes against Welsh.
    In Error.
    
      Tuesday, September 11.
    THIS was a writ of error to the Court of Common Pleas of Washington county, in an ejectment, brought by Henry Welsh, the plaintiff below, against George Dames, the late, husband of Lcetitia Dames, the plaintiff in error and-defendant below. There had been a verdict in the ejectment for George Dames, the defendant, and the Court granted a new trial. After which George Dames died. A rule .was then granted by the Court on Lcetitia Dames, to shew cause why she should not be substituted as the person next in interest, agreeably to the provisions of the 3d sect, of the Act of 13th April, 1807; She appeared on this rule, and refused to become a party, whereupon the Court having proof exhibited that she was in possession of the premises, and claimed title to the same as next in interest to George Dames, deceased, ordered hér to be substituted as defendant, There was afterwards a verdict and judgment for the plaintiff.
    Under the 3d sect, of the \ et of 13th April, 1807,hi case of the death of a party in ejectment, the person next in interest may be compelled to appear.
    
      Catnpbell, .for the plaintiff in error,
    stated, that the costs which had accrued before Lcetitia Dames was compelled to become a defendant, were moré than the property, which consisted of a lot in the town of Washington, was worth. He contended that the 3d section of the Act of 13th April, 1807, which enacts, that no writ of ejectment shall abate by reason of the death of any plaintiff or defendant, but the person or persons next in interest may be substituted in the place of the plaintiff or defendant who shall have died pending the writ, contemplated only a voluntary substitution.
    
      Waugh, contra, was stopped by the Court.
   Per Curiam.

The intent of the Act pi Assembly is that the person next in interest may be compelled to appear. As to the costs preceding the appearance, it is a different question, and one' not now before the Court.

Judgment affirmed.  