Chapter 18. to amend section 955 of the Revised Statutes by extending the jurisdiction of courts in cases of revivor.” December 22, 1921.[[H
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CHAP. 18.— Joint Resolution To amend an Act entitled “An Act to amend section 955 of the Revised Statutes by extending the jurisdiction of courts in cases of revivor.” December 22, 1921.[[H. J. Res. 238](/us/bill/67/hjres/238).][[Public Res., No. 35](/us/67/pubres/35).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,United States courts.Extension of revivor.*Ante*, p. 323, amended. That an Act entitled “An Act to amend section 955 of the Revised Statutes by extending the jurisdiction of courts in cases of revivor,” approved November 23, 1921 (Public Numbered 104), be amended so as to read as follows:
" “Sec. 955. Death of parties in a suit.Revivor by executor.[R.S., sec. 955, p. 181, amended](/us/rs/sec955/p181).Defendant to answer. When either of the parties, whether plaintiff or petitioner or defendant, in any suit in any court of the United States, dies before final judgment, the executor or administrator of such deceased party may, in case the cause of action survives by law, prosecute or defend any such suit to final judgment. The defendant shall answer accordingly, and the court shall hear and determine the Judgment on refusal, etc., of executor or administrator to become party to suit.cause and render judgment for or against the executor or administrator, as the case may require.
And if such executor or administrator, having been duly served with a scire facias from the office of the clerk of the court where the suit is depending twenty days beforehand, neglects or refuses to become party to the suit, the court may render judgment against the estate of the deceased party in the same manner as if the executor or administrator had voluntarily made himself Continuance allowed.a party. The executor or administrator who becomes a party as aforesaid shall, upon motion to the court, be entitled to a continuance of the suit until the next term of said court.
Extended to equity and admiralty suits.Jurisdiction of courts modified.“The provisions of this section shall apply to suits in equity and in admiralty as well as to suits at law, and the jurisdiction of all courts of the United States shall extend to and over executors and administrators of any party, who dies before final judgment or decree, ap-353pointed under the laws of any State or Territory of the United States, and such courts shall have jurisdiction within two years from the date of the death of the party to the suit to issue its scire facias to executors and administrators appointed in any State or Territory of the United States which may be served in any judicial district by the marshal thereof: *Provided, however*, That no executor or*Proviso*.Service to be made before final settlement of estate. administrator shall be made a party unless such service is made before final settlement and distribution of the estate of said deceased party to the suit.
” " “Sec. 2. That the provisions of section 955 of the RevisedPrior application etc,. Statutes of the United States as amended by this Act shall apply to suits in which any party has deceased prior to the passage of this amendatory Act as well as to suits in which any party may die hereafter.” Approved, December 22, 1921.