
    Clow and Cay against James Brown. Same against Donald and Burton.
    Where no declaration has been filed in the plaintiff’s life, and the suit has been continued after his death, under the act of assembly of 13th April 1791, it must be filed in the names of the original parties.
    Suits on divers protested bills of exchange. The plaintiffs had died since the commencement of the actions.
    Mr. Wilcocks pro quer,
    now moved to be informed of the practice of the court, under the 8th section of the act of assembly, passed 13th April 1791, whether when no declaration has been filed during the life of the plaintiff, and the suit has been continued by suggestion on the docket of his death, and the nomination of his executors, the declaration should be filed in the name of the original parties, or of their executors or administrators.
   By the court.

The declaration must be filed in the names of the original parties, as the narr. refers to the first term, when the suit was commenced.

Messrs. Ingersoll and C. Smith, pro def.  