Drainage (Ireland) Act 1842

How Actions may be brought after the Death of Parties.

CXXVIII. Provided always, and be it enacted, That if any Person in whose Favour a Determination as aforesaid shall have been made, and against whom such Action might have been brought if living, shall die before any such Action shall have been brought, and before the Expiration of the Time herein-before limited for bringing such Action, it shall be lawful for any Person who might have brought such Action against the Person so dying to bring the same, within the Time so limited as aforesaid, against such Person as if actually living, and to serve the said Commissioners with Process for commencing such Action, in the same Manner as the Party so dying might have been served therewith if living; and it shall thereupon be incumbent on the Heir, or other Person who shall claim the Benefit of such Determination as aforesaid, to appear and defend such Action in the Name of the Person so dead, and Proceedings shall be had therein in the same Manner as if such Person had been actually living; and the Rights of all Parties shall be equally bound and concluded by the Event of such Action.