ART. 16.] CHANCERY. 97

119. In all cases where a bill for discovery merely is filed
against a defendant of full age, and the subpoena issued thereon
is returned summoned, and the defendant fails to answer within
the time fixed by the rules or order of the court, upon satis-
factory proof, by affidavit or otherwise, being produced to the
court that such subpoena was duly served, the court may
examine the complainant in open court, or upon interrogatories,
on oath, touching the truth of the allegations in the bill, and if
from such examination the court shall be satisfied prima facie
that the allegations in the bill are true, then a decree shall be
passed which shall have the same effect, in evidence or other-
wise, as the answer of the defendant confessing all the allega-
tions of the bill could have; or if the subpoena shall be returned
summoned, and the defendant shall fail to appear, or, after
appearance, shall fail to answer, an attachment of contempt may
issue, and if the said attachment is returned served, and the
defendant fails to appear or answer as the case may be, the
court, upon being satisfied of the service of both subpoena and
attachment, may pass a decree pro confesso, or if in such case
the attachment is returned non est inventus, an attachment with
proclamations may issue; and if 'the defendant shall fail to
appear or answer, as the case may be, the court, upon being
satisfied of the service of the subpoena, may pass a decree pro
confesso, without examining the complainant, in its discretion,
and such decree, in either case, shall have all the effect, in evi-
dence or otherwise, that the answer of such defendant confessing
all the allegations in the bill would have.

120. In any case where a defendant has been returned sum-
moned and shall fail to appear, an attachment may issue to com-
pel the appearance, and if the attachment is served and the
party fails to appear by the first day of the next term after the
term to which such attachment was returnable, or if the attach-
ment be returned non est, an attachment with proclamations
may issue, and if the defendant shall not appear by the first
day of the term next after that to which the attachment with
proclamations was returnable, the court in either case may pass
a decree pro confesso, or may order a commission ex parte to
take evidence.

121. If any defendant after appearance shall fail to answer

within the time prescribed by the rules of court, an attachment

may issue against such defendant to compel him to answer, and

he may be committed as for a contempt for not answering, and

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