70-29-113. Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action any of the parties dies or becomes seriously mentally ill or otherwise incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent such interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest which was held by the party until his heirs or legal representatives or successors in interest have appeared in the action.
     (2) An attorney so appointed shall be allowed by the court a reasonable compensation for his services, which may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien thereon, in the discretion of the court.

     History: En. Sec. 1357, C. Civ. Proc. 1895; re-en. Sec. 6900, Rev. C. 1907; re-en. Sec. 9533, R.C.M. 1921; re-en. Sec. 9533, R.C.M. 1935; R.C.M. 1947, 93-6318; amd. Sec. 23, Ch. 115, L. 1979.