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the defendant to answer, and if the defendant shall stand out
the said process of attachment, and attachment of proclama-
tions, and shall not file a good and sufficient answer by the
return court of the last of the said process, the bill or petition
filed, unless the defendant shall have further time granted him
by the court to put in such answer, shall upon motion, be taken
pro confesso , and such decree made thereupon as by the court
may be thought just, and if the said defendant shall have fur-
ther 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 further
delay, and such decree made thereon as by the court may be
deemed just, or the chancellor may, in his discretion, in said
cases, order commission to issue as aforesaid, or examine the
plaintiff as aforesaid, and thereupon decree as he shall think
just.
By 1799, ch. 79, sec. 2, on failure of a defendant to appear, after such
attachment is returned attached, the chancellor may, on application limit a
day in the following term for his appearance and answering, or otherwise
may take the bill pro confesso, or direct a commission, &c. and proceed to
a decree.
By 1799, ch. 79, sec. 5, the chancellor is, in such cases, (in his discretion)
either to take the bill pro confesso, or direct a commission for taking depo-
sitions ex parle, &c.
Where the party is summoned and fails to appear or to put in an answer,
the court may pass an interlocutory decree and issue a commission ex parte,
and answer may afterwards be filed under the restrictions imposed by the
act of 1820, ch. 161, sec. 20.
By idem, where such bill shall allege any matter to be in the private
knowledge of defendant and pray a discovery, the court may, on applica-
tion of complainant, supported by affidavit, take the said bill as to that
matter, pro confesso.
By 1836, ch. 128, sec. 2, in cases where a commission ex parte is di-
rected to be issued, complainant may take his testimony under the commis-
sion in chief.
By 1836, ch. 128, sec. 1, in all cases in chancery, where the answer of
an infant defendant is filed, admitting the facts stated in the bill, or making
no defence to the claim of complainant, a commission may issue to such
person, &c., as the court may direct, on the application of the complainant.
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SEC. 21. And be it enacted, That in all cases the defendant
in chancery may exhibit interrogatories to the plaintiff which
shall be answered by him in writing upon oath, and such
answer shall be evidence in the cause, in the same manner, and
to the same effect, that the defendant's answer to the plaintiff's
bill is evidence, and there shall be the same process, and the
same power exercised by the chancellor to compel the plaintiff
to answer the defendant's interrogatories, as can be issued, or
lawfully exercised, to compel the defendant to answer the
plaintiff's bill.
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And may
exhibit
interrogato-
ries, &c.
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