434 BUCKINGHAM v. PEDDICOBD.—2 BLAND.

than four months from the time of the first advertisement, to shew
cause why a decree should not be passed as prayed; and, in case,
the defendant shall not appear, the bill shall be taken pro confesso,
or a commission shall, on application of the plaintiff, be issued to
take depositions on his part; and on the return thereof, the Chan-
cellor may proceed to decree according to the facts proved; pro-
vided, that if the defendant shall appear before the decree, there
shall be the same proceeding's as if he had appeared on the return
of a subpoena; and provided also, that if any person against whom
a decree shall be made shall appear within eighteen months after
the date of the decree, and require a review of it upon bill filed,
the Chancellor shall proceed to an examination of the matters in
dispute, and decree as if such person had originally appeared.
1795, ch. 88, s. 1; 1820, ch. 161, s. 4, 5; 1831, ch. 311, s. 13; 1832, eh.
302, s. 3; Knight vs. Young, 2 Ves. & E. 185. *But, where the
455 proceeding is against the heir at common law, with publica-
tion against the other heirs under the Act to Direct Descents, such
appointed day must not be less than four months subsequent to the
publication; 1797, ch. 114; 1831, ch. 311, s. 10; and as against a
non-resident defendant to a bill of interpleader, the day appointed
i'or his appearance, must be not less than six months from the time
of the publication of the order. 1826, ch. 199.

And it has been further declared, that if a bill be filed against
any person, to compel a specific performance of a contract, who is
not a resident of the State, or to be found therein, and it cannot
be ascertained whether he be living or not; or if dead, whether he
left any legal representatives, or who they are, the Chancellor
may, without the appearance of the absent party, either take the
bill pro confesso, or issue a commission for taking depositions ex
parte, and on taking the bill pro confesso, or the return of the com-
mission, decree as justice and equity may require: Provided, that
the plaintiff shall give at least six months' notice of his applica-
tion, in such newspaper as the Chancellor shall direct; and pro-
vided, that if the defendant shall appear at any time, not exceed-
ing eighteen calendar months after such decree, and request a re-
view of it upon bill filed, the Chancellor shall proceed to an ex-
amination of the matter, and to a final decree in the same manner
as if such defendant had originally appeared; and provided also,
that such defendant may, at any time before a decree, appear and
be admitted to defend on filing a good and sufficient answer, plea,
or demurrer. 1804, ch. 107; 1787, ch. 30; 1792, ch. 41; 1795, ch.
88, s. 1. That in case a defendant resides out of the State, and a
summons has been served upon him, Scott vs. Hough, 4 Bro. C. C.
213, the Chancellor may, by order, limit a day on or before which
he shall appear, and put in a good and sufficient answer, plea, or
demurrer; and if a copy of the said order be served upon him, or
inserted in some convenient newspaper at least three months