Transference

In Scotch law, is the term applied to an action by which a suit which was pending at the time that a party died is transferred from the deceased to his representatives, in the same condition in which it stood formerly. If it be the pursuer who is dead, the action is called a transference active; if the defender, it is a transference passive. A party who desires the transference of a cause may now, under Stat. 31 & 32 "Vict. ch. 100, § 96, enrol the cause before the lord ordinary, and lodge a minute, craving a transference of the cause as against the party specified in the minute. The corresponding English practice is that the court or a judge may, in case of the marriage, death, bankruptcy, or devolution of estate by operation of law of any party to an action, order that the husband, representative, trustee, or other successor in interest of such party be made a party to the action. See Bell; Wharton; Mozley §• W. In the United States this is generally called the continuance, or the revival of an action.