732

LAWS OF MARYLAND.— 1620.

the said writ issued for answering to such bill, the said court
shall be and hereby is authorized and required, on the applica-
tion of the complainant or complainants, or any of them, in per-
son or by solicitor, to enter an interlocutory decree in such
cause, and to issue a commission or commissions, as the case
may be, ex parte, to one or more persons, for the taking of testi-
mony to support the allegations of the said bill, which commis-
sions shall be issued, proceeded in and returned in the same
manner, and the testimony taken and returned under them shall
have the same effect, as if issued and returned in the usual way,
on answer, general replication and issue, and the court shall
proceed to a final decree in the cause, in the same manner as if the
defendant or defendants had appeared and put in their answer.

When such
bill shall
charge any
matter as
being with-
in the pri-
vate know-
ledge of the
defendant,
&c. to be
taken pro
confesso,
&c.

SEC. 2. And be it enacted, That whenever any such bill as is
mentioned in the preceding section, shall charge any matter or
thing as being within the private knowledge of the defendant or
defendants, or any of them, and shall pray a discovery on oath
as to such matter or thing, and an interlocutory decree as pro-
vided for in the said section shall have been entered, and the
complainant or complainants, or any of them, shall satisfy the
court, by affidavit to be taken in open court and filed in the
cause, that such matter or thing does rest in the private know-
ledge of the defendant or defendants, or some of them, and that
there is reasonable ground for believing prima facie that such
matter or thing does exist, the said court shall be and hereby is
authorized and required, to order the bill as to such matter or
thing, the same being sufficiently alleged and charged, to be
taken pro confesso, and to proceed to make a final decree in the
case, in the same manner as if such matter or thing had been
proved on a commission, or admitted by answer.

Defendant

may file his
answer on
outh, &c.

SEC. 3. Provided always, and be it enacted, That any defen-
dant against whom an interlocutory decree shall be entered
under the provisions of this act, and also any defendant against
whom an order to take a bill as to any matter or thing pro con-
fesso, may appear at any time before final decree, and file his,
her or their answer, on oath, to the bill, which shall be filed
forthwith, or within such reasonable time as the court, in its
discretion, and on special cause shewn by affidavit, shall order
and appoint ; and on such answer or answers being filed, such
proceedings shall be had as would or might have been had in
case such answer or answers had been filed before the passage
of such interlocutory decree, but the court shall be and hereby
is authorized and required, to impose such terms on the defen-
dant or defendants, as the condition of permitting such answer
or answers to be filed, as such court may in its discretion, under
all the circumstances of the case, judge reasonable and proper
for avoiding delay or expense, and for the attainment of justice ;