90 CHANCERY. [ART. 16.
or personal property, or to a decree for the sale of any real or
personal property for the purposes of division.
92. In all cases where two successive subpoenas against a
defendant have been returned non est, or upon the return of
one subpoena non est, and proof by affidavit, that the defendant
hath kept out of the way, or secreted himself, to avoid the
service of the subpoena, he may be proceeded against as if ho
were a non-resident. This to include corporations as well as
other persons.
93. In a suit against a corporation, whether foreign or do-
mestic, if neither the president nor any of the directors, officers
or agents upon whom process may be served, reside in this
State, such corporation may be proceeded against as a non-
resident defendant, by notice by publication, and upon its
failure to appear and answer according to such notice, a decree
pro confesso may be passed against it, or a commission ex parte
may issue.
94. Where, in a bill of interpleader, some of the defendants
are non-residents, and such non-residents fail to answer, the court
may order the answers filed by the other defendants, to be taken
as the answers of such non-resident defendants, or may as to
such defendants issue an ex-parte commission to take testimony;
Provided, notice of the substance and objects of the bill and
answers be given, as in other cases of non-residents. This to
apply to one or more defendants.
95. In cases where it is unknown whether such party be living
or dead, the bill may be filed against him as if living, and in
cases where the party is dead and it is unknown whether he
left any heirs, or if the heirs be unknown, then the bill may
describe such unknown heirs as the heirs of the person who,
if living, would be the proper party.
96. Where it is unknown whether a deceased person who
ought to be a party to a bill in chancery has left any heirs, or if
the heirs be unknown, in all such cases the bill may describe
such unknown persons as the heirs of the person who, if living,
would be the proper party, and the court shall order notice by
publication to be given to such persons, according to their
description in the bill, and the same proceedings shall be had
against them as are bad against non-resident defendants named
|
![clear space](../../../images/clear.gif) |