98 CHANCERY. [ART. 16.

if the attachment shall be returned served, and the defendant
does not answer by the first day of the term next after that to
which the attachment was returnable, or if the attachment be
returned non est, an attachment with proclamations may issue,
and if the defendant shall fail to answer by the first day of the
term next after that to which the last named attachment was
returnable, the court in either case may pass a decree pro con-
fesso against such defendant, or may order a commission ex
parte to take testimony; any defendant under this or the pre-
ceding section may answer at any time before final decree, on
such terms as the court may prescribe.

122. A complainant may take at his election any of the pro-
ceedings authorized by this article against a defendant who fails
to appear or answer.

123. A court of equity may issue process of any sort, including
commissions to take testimony to any part of the State.

124. No decree pro confesso shall be passed against an infant
or insane defendant under the preceding sections relating to pro-
cess, but such infant or insane defendant shall be proceeded
against according to the provisions of this article relating spe-
cially to infants and persons non compos mentis.

SALES.

125. "When any suit is instituted to foreclose a mortgage, the
court may decree that unless the debt and costs be paid by the
time fixed by the decree, the property mortgaged, or so much
thereof as may be necessary, shall be sold, and such sale shall be
for cash, unless the complainant shall consent to a sale on credit.

126. Where any person dies, leaving any real estate in posses-
sion, remainder or reversion, and not leaving personal estate
sufficient to pay his debts, on a suit instituted by any of his cre-
ditors, the court may decree that all the real estate of such per-
sons, or so much thereof as may be necessary, shall be sold to
pay his debts; this to apply to all cases where the heirs or devi-
sees are residents, or non-residents, or are of full age, or infants,
or of sound mind, or non compos mentis, and to cases where the
party left no heirs, or where it is not known whether he left
heirs or devisees, or if the heirs or devisees be unknown, and if
there be no heirs, the State's Attorney shall appear to the bill.