Common Law Procedure Amendment Act (Ireland) 1853

Death of Defendant defending separately for Property, in respect of which others also defend.

CCXX. In case of the Death before Trial of One of several Defendants in Ejectment who defends separately in respect of Property for which surviving Defendants also defend, it shall be lawful for the Court or a Judge, at any Time before the Trial, to allow the Person at the Time of the Death in possession of the Property, or the legal Representative of the deceased Defendant, to defend, on such Terms as may appear reasonable and just, upon the Application of such Person or Representative; and if no such Application be made or Leave granted, the Plaintiff suggesting the Death in manner aforesaid may proceed against the surviving Defendant or Defendants to Judgment and Execution.