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answer by the fourth day of the court next after the court at
which he shall be committed, in either case, unless the defendant
shall have further time granted by the court to put in such
answer, the bill or petition shall be taken pro confesso, and
such decree made thereupon as by the court may be thought just ;
and if in either of the cases aforesaid the defendant shall have
further time granted him to answer, and the said defendant shall
not, before the expiration of such further time, put in a good
and sufficient answer to the bill or petition exhibited against
|him, such bill or petition shall be taken pro confesso without
any further delay, and such decree made thereon as by the
court may be deemed just; or the chancellor, in his discretion,
may, in the cases aforesaid, order commission to issue for the
plaintiff to examine witnesses to prove the allegations in his bill
or petition, or the chancellor may examine the plaintiff on oath
upon interrogatories, to ascertain the allegations in his bill or
petition, and such decree shall be made in either case as the
chancellor shall think just.
By 1795, ch. 88, on a bill being filed against a person not residing in the
state, the chancellor may direct notice to be given, and thereupon may pro-
ceed to decree. A provision is also made for a rehearing. And by 1797,
ch. 114, a publication may be ordered on a subpoena being returned non est
from the county where the defendant is known or supposed to reside, and
the chancellor being satisfied that he evades the sheriff, and thereupon the
suit may proceed, reserving to such person the privilege of appearing, &c.
within a limited time. By 1799, ch. 79, when a defendant living out of the
state is summoned, the chancellor may limit a day fur his appearance and
answering, and on his failure, after a publication of the order, or its being
served three months before the day limited, the chancellor may either take
the bill pro confesso, or direct commission, &c. and proceed to decree as if
the defendant had appeared; and by section 9, if such defendant shall
appear by the time limited, or if any other defendant shall voluntarily ap-
pear, an answer shall be put in on or before the fourth day of the next term,
or they shall be proceeded against as in other cases against residents and
non-residents respectively. By section 3, provision is made respecting
defendants out of the state, where the complainant died and a bill of reviver
is filed.
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Defendants
appearing,
shall file an
answer, &c.
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SEC. 20. And be it enacted, That every defendant appearing
at the return court of the subpoena, shall file a good and suffi-
cient answer to the bill or petition exhibited against him, with
the register in chancery, on or before the fourth day of the court
next following the said return court; and if the defendant, (not
having further time granted by the court to file an answer,)
shall omit or neglect to file such answer accordingly, the defen-
dant shall be in contempt, and the plaintiff shall and may, upon
motion, have an attachment of contempt against him, and if
the defendant upon such attachment shall be returned non est
inventus, the plaintiff shall be at liberty to obtain, upon motion,
the usual process of attachment with proclamations to compel
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