124 LAWS OF MARYLAND—1773.
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the Maryland Gazette, and continued therein for six successive
weeks, and a copy of such order shall be left, as soon as conve-
niently may be, at the usual place of abode of such defendant or
defendants, before his, her or their leaving this province or
absconding as aforesaid, and also a copy of it shall be forthwith
set up at the door of the court-house of the county wherein the
defendant or defendants did last reside, before his, her or their
absconding as aforesaid; and if the defendant or defendants do
not appear within the time limited by such order, or within
such further time as the court shall appoint, then, on proof
made of such publication of such order, the court, being satis-
fied of the truth thereof, may order the bill of the plaintiff or
plaintiffs to be taken pro confesso, and make such decree there-
upon as shall be thought just, and may thereupon issue process
to compel the performance of such decree, either by an imme-
diate sequestration of the real and personal estate and effects of
the party or parties so absenting, (if any such can be found,) or
such part thereof as may be sufficient to satisfy the demands of
the plaintiff or plaintiffs in the said suit, or by causing posses-
sion of the estate or effects demanded by the bill to be delivered
to the plaintiff or plaintiffs, or otherwise, as the nature of the
case shall require; and the said court may likewise order such
plaintiff or plaintiffs to be paid and satisfied his, her or their
demands, out of the estate or effects so sequestered, according
to the true intent and meaning of such decree, such plaintiff or
plaintiffs first giving sufficient security, in such sum as the
court shall think proper, to abide such order, touching the resti-
tution of such estate or effects as the court shall think proper to
make concerning the same, upon the appearance of the defen-
dant or defendants to defend such suit, and paying such costs
to the plaintiff or plaintiffs as the court shall order.
See, as to notice, 1795, ch. 88; 1818, ch. 133; 1826, ch. 178. |
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Proviso. |
SEC. 4. Provided always, That if any decree shall be made
in pursuance of this act against any person or persons being out
of this province, or absconding in manner aforesaid at the time
such decree is pronounced, and such person or persons shall,
within two years after making such decree, return or become
publicly visible, then and in such case he, she or they, shall
likewise be served with a copy of such decree, within a reasona-
ble time after his, her or their return or public appearance shall
be known to the plaintiff or plaintiffs; and in case any defen-
dant, against whom such decree shall be made, shall, within
two years after making such decree, happen to die before his or
her return into this province, or appearing openly as aforesaid,
then his or her heir, if such defendant shall have any real estate
sequestered, or whereof possession shall have been delivered to |
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