
    Scott v. Adams.
    Saturday, April 29th, 1809.
    New Parties — Construction of Rule. — Construction of the rule, as to allowing- one term to prepare for trial, after new parties are made.
    Appeals — Death of Appellee — Reversal—Notice to Appellant. — Where the appellee dies the Court will not take up the appeal, in th e name of his executors, without giving the appellant notice of a scire facias; especially where a great length of time has elapsed since the appeal.
    ’This appeal was docketed in October, 1804, and was from a judgment on a forthcoming bond.
    The appellee being dead, and no appearance having been entered for him or his representatives, George K. Taylor moved to take up the cause as a delay case, in the name of the executors, and have the judgment affirmed.
    
      
      See monographic note on “Appeal and Error” appended to Hill v. Salem, etc., Turnpike Co., 1 Rob. 263.
    
   But, by the whole Court, the case comes within the reason of the rule adopted at the October term, 1808, which allows one term after new parties made, to prepare for trial. Besides, from the length of time which has elapsed since the appeal was prayed, without any steps having been taken by the appellee, or his representatives, it is possible that the debt may have been paid by the appellant.

Motion to take up the appeal denied; and scire facias, to revive, in the name of the executors of the appellee awarded. 
      
       See ante, p. 270.
     