ART. 16.] CHANCERY. 95

PROCESS.

115. Whenever a subpoena shall issue from a court of equity
on a bill filed in said court, and such subpoena hath been returned
summoned as to any of the defendants therein named, and the
defendants, or any of them, so returned summoned shall fail to
appear according to the exigency of the said writ, or having, so
appeared shall fail to put in a sufficient answer to the said bill
within the time which may be prescribed by the court from
which the said writ issued for answering such bill, the said court
is authorized and required, on the application of the complainant,
to enter an interlocutory decree in such cause, and to issue a com-
mission ex parte to one or more persons for the taking of testi-
mony to support the allegations in the said bill, which commis-
sion shall be issued, proceeded in and returned in the same
manner, and the testimony taken and returned under the same
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 had appeared and put in his answer.

116. 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 and shall pray a discovery,
on oath, as to such matter or thing, and an interlocutory decree,
as provided for in the last preceding section, shall have been en-
tered, and the complainant 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 knowledge of the defendant, and
that there is reasonable ground for believing, prima facie, that
such matter or thing does exist, the said court 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 com-
mission or admitted by answer.

117. Any defendant against whom an interlocutory decree
shall be entered under the preceding sections, and also any de-
fendant against whom an order to take a bill as to any matter
or thing, pro confesso, may be passed, may appear at any time
before final decree and file his 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 shown by affidavit,