LAWS OF MARYLAND.— 1797.

357

peared and defended the suit; provided nevertheless, that the
answer of the heir or heirs appearing shall not operate against
any absent heir, otherwise than if such absent heir had appear-
ed, and defended the suit, but the chancellor, on application of
the complainant, may, at discretion, either take the bill pro-
confesso as to all absent heirs of the deceased, or direct a com-
mission to issue for taking depositions ex parte, and receive
such proof as he may think proper; provided also, that if any
heir of the deceased shall, in person or by a solicitor, appear in
court at any time before a decree shall be passed, and shall, on
or before the fourth day of the subsequent term, put in a good
and sufficient answer to each interrogatory stated in the bill, or
a good plea or demurrer to the same, the proceedings shall
thereafter be the same as if such heir had regularly appeared to
a summons ; and if at any time within nine months after a
decree passed without his appearance, any heir shall appear,
and file a petition, praying the chancellor to set aside the decree,
and likewise answer, plead or demur as aforesaid, the chancel-
lor shall accordingly annul the decree as to such heir, and there
shall be the same proceedings for the purpose of deciding the
cause on its merits, as if the said heir had regularly appeared to
a summons.
See 1785, ch. 72, ante page 208.

SEC. 3. And be it enacted, That in case a subpoena to a bill
in chancery shall be regularly returned non est by the sheriff of
any county within the state where the defendant shall be
known, or generally supposed to reside, and the chancellor
shall be satisfied, by the affidavit of some indifferent person or
persons, of the said known or supposed residence, and of the
defendant's having avoided, or kept out of the way of the
sheriff, or evaded the service of the subpoena, the chancellor,
on motion, may direct publication to be given in some news-
paper convenient to the known or supposed residence of the
defendant, at least three weeks successively, of the filing of the
bill, and of its substance and object, and of the same day by
him fixed, not less than four months subsequent to the publica-
tion, for the defendant's appearance in court, either in person or
by solicitor ; and on the defendant's failing to appear, and on
satisfactory proof of the notice published, the chancellor, on
motion, may proceed in the same manner as is prescribed by
law in the case of a bill filed against a non-resident; provided,
that the said defendant have the same privilege as is herein
before given to an absent heir, to appear, either before or after
a decree ; and every part of the provision herein contained, re-
specting the proceedings on appearance of such heir, shall be
construed to extend to such evading defendant.

And in cer-
tain cases
direct pub-
lication, &c.