418

LAWS OF MARYLAND.— 1799.

Defendant,
non-resi-
dent, being
summoned,
a day to be
limited, &c.

instituted, in the court of chancery, resides, or shall reside, out
of the state, and a summons from the said court hath been or
shall be served upon the said defendant, and the service hath
been or shall be proved to the satisfaction of the chancellor, the
chancellor is hereby authorized, by order, to limit a certain day,
on or before which the said defendant shall appear in person, or
by a solicitor, and put in a good and sufficient answer to each
interrogatory contained in the bill, or plea or demurrer to the
same, and if a copy of the said order shall be inserted agreeably
to the chancellor's directions, in some convenient newspaper, or
personally served on the defendant at least three months before
such day limited, and the defendant shall not have so appeared
and answered, the chancellor shall, at discretion, either take the
bill pro confesso, or direct a commission to issue for taking depo-
sitions, and shall finally decree as to him shall seem consistent
with the established principles of equity, in the same manner
as if the defendant had appeared and answered, and depositions
had been taken in the usual manner.

A day to be
limited, &c.

SEC. 2. And be it enacted, That in any cause instituted, or
hereafter to be instituted, in the court of chancery, if an attach-
ment for want of appearance or answer shall have been or shall
be duly returned served or attached, and the defendant served
or attached shall not appear at the day of the return, the chan-
cellor is hereby authorized, on application of the complainant or
complainants, by order, to limit a certain day in the following
term, on or before which day the defendant shall appear in
person, or by a solicitor, and put in a good and sufficient answer
to each interrogatory contained in the bill, or a plea or demurrer
to the same, or otherwise the chancellor, on the application of
the complainant, and at discretion, may either take the bill pro
confesso, or direct a commission to issue for taking depositions,
and shall finally decree as to him shall seem consistent with
the established principles of equity, in the same manner as if
the defendant had appeared and answered, and depositions had
been taken in the usual way; provided nevertheless, that if at
any time before a decree shall be passed, a defendant, non re-
sident or attached as aforesaid, shall appear as aforesaid, and
immediately put in such answer, there shall be the same pro-
ceedings as if he had regularly appeared and answered.

In case of
bill of
reviver,
chancellor
to make
order, &c.

SEC. 3. And be it enacted, That if, on the death of a com-
plainant, any bill or revivor hath been or shall hereafter be filed
in the court of chancery, and the defendant hath or shall have
removed out of the state, the chancellor shall have full power to
make such order, and direct such proceedings, as may appear to
him best calculated to promote substantial justice ; provided,
that the said defendant's answer hath been or shall have been
put in before the death of such complainant ; and provided also,