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SEC. 4. And be it enacted, That if any bill in chancery hath
been, or shall be filed, against an infant out of the state, there
shall, at the chancellor's discretion, be the same proceedings,
and the chancellor may decree, as if the infant were of full age ;
provided, that in all cases where a decree shall be passed against
an infant out of the state, except those cases iri which proceed-
ings against infants out of the state are already provided for by
law, there shall be liberty reserved for the said infant, within
eighteen calendar months from the date of the decree, or within
six such months after the said infant shall attain the age of
twenty-one years, and likewise for any heir of the said infant,
in case the said infant shall not so long live, within six months
after the death of the said infant, or within six months after
such heir shall attain such age, to shew cause wherefore the
decree ought not to have been passed ; and the bill to be filed
by such infant or heir for shewing cause as aforesaid shall, as
the case may require, either be filed against the original com-
plainant or complainants, or any person or persons claiming or
holding under him, her or them, and on such bill filed, the
chancellor shall, at discretion, direct either the usual proceed-
ings by subpoena, or such notice as he shall think proper, accord-
ing to the nature of the case, of the bill and of its substance and
object, and of a day by him limited, not less than four months
after notice, for the defendant or defendants to file an answer to
such bill of revision; and if an answer be not accordingly filed,
the chancellor may proceed to a reconsideration or revision of
the decree before passed, or he may direct depositions, or other
proofs, ex parte, to be received as evidence in addition to the
former proceedings ; and in case of the defendant's appearing to
such bill of revision, additional evidence and proceedings may
be had, and the chancellor shall pass such decree for or against
the original complainant or complainants, or his, her or their
representative or representatives aforesaid, or person or persons
having the benefit of the original decree, as the established
principles of equity shall to him appear, under all the circum-
stances of the case, to require.
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On bill filed
against an
infant, to be
the same
proceedings
&c.
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SEC. 5. And, whereas in certain cases, and particularly where
a defendant hath been duly summoned, and has stood out of
the process of the court, the chancellor is by law directed abso-
lutely to take the bill pro confesso, and in other cases of non-
appearance of the defendant, he may at discretion either take
the bill pro confesso, or direct a commission for taking deposi-
tions: and whereas it appears unreasonable that in any case
whatever the chancellor should be directed absolutely to take
the bill or bare allegations of a suitor pro confesso, Be it enacted,
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Bill may be
taken pro
confesso,
&c.
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