294 Assembly Proceedings, Oct. 2-Nov. 17, 1753.

Liber H. S.
No. I

p. 27

the Directions of this Act, and returned into the High Court of
Chancery, and signed by the Register of the same Court, for the
Time being, shall be admitted as Evidence, in any Court within
this Province, between the same Plaintiff and Defendant that shall
be Parties to such Cause or Causes, wherein such Commission or
Commissions shall issue, and all and every other Person or Persons
whatsoever, that shall claim by, through or from, such Plaintiff or
Defendant only.

[The oppo-
site Party to
have Notice
and a Copy
of the Inter-
rogatories.]

Provided always, That no Depositions to be taken as aforesaid,
or Copies thereof, shall be admitted as Evidence, unless the Party,
Plaintiff or Defendant, at whose Instance and Request the Com-
mission or Commissions shall issue as aforesaid, in Virtue whereof
such Depositions shall be taken, do, before such Commission or
Commissions shall issue, draw up Interrogatories to such Points
as he shall think fit or proper to examine such Witness or Witnesses
as aforesaid, and serve upon or deliver unto the opposite Party, a
Copy of such Interrogatories, and also deliver the Name and Names
of such Witness or Witnesses in Writing, as he intends to examine,
in Virtue of such Commission or Commissions as aforesaid.

[To prevent
the Foreclo-

And whereas, the present dilatory Method of Proceeding in the
Court of Chancery, to compel Payment of Monies or Tobacco due on
Mortgages, and for Non-Payment thereof to foreclose the Mort-
gagor of his Equity of Redemption, is a great Disadvantage to
Creditors, and tends to impair and diminish the Credit of the People
of this Province :

[Answers to
be put in in
Four
Months.]

Be it Enacted, by the Authority, Advice and Consent aforesaid,
That where any Bill shall be hereafter filed in the Court of Chancery
of this Province, to compel the Payment of such Monies or Tobacco
as shall or may be due on any Mortgage, and for Non-Payment
thereof to foreclose the Mortgagor of his Equity of Redemption, in
Case the Mortgagor shall not put in a compleat Answer to such
Bill, in Four Months after he shall be served with a Subpoena, and
the Return thereof, that then, and in such Case, such Bill shall be
taken pro Consesso, and such Decree shall be made thereupon as is
usual in Cases wherein the Mortgagor answers to, and admits all,
the Matters charged in the Bill to be true.

[A longer
Time may be
granted, in
Case, &c.]

Provided always, That in Case such Mortgagor shall shew good
and sufficient Cause, at the next Appearance Court after Service of
the Subpoena, or at any Time after the said Appearance Court, and
before the Expiration of Four Months after the Return of such
Subpoena, why he should be allowed a longer or further Time for
putting in his Answer, then, and in such Case, the Chancellor shall
and may give such Mortgagor such further or longer Time for
putting in his Answer, as the Nature of the Case may require; any

p. 28

Thing herein before contained to the contrary notwithstanding.