BUCKINGHAM v. PEDDICOBD,—2 BLAND. 435

before such day, and he shall not appear and answer, the bill may
be taken pro confesso, and a decree passed accordingly; provided,
that if such defendant shall, before a decree, appear and immedi-
ately put in such answer, there shall be the same proceedings as if
he had regularly appeared and answered. 1790, ch. 70, s. 1, 2.
And that if, on the death of a plaintiff, a bill of revivor sliall be
filed and the defendant shall have removed out of the *State,
the Chancellor may direct such proceedings as may be best 456
calculated to promote substantial justice; provided, that the defen-
dant be then alive, and his answer shall have been put in before
the death of such plaintiff. 1799, eh. 79, s. 3.

But as all these modes of proceeding against absent defendants
by publication related only to adults, or to persons competent to
refuse to answer on being so warned, Carew vs. Johnston, 2 Scho.
& Lefr. 292, it was necessary to provide for cases iu which infants
were defendants; and therefore, as regards infants it was de-
clared, that if a bill shall be tiled against an infant out of the
State, there shall be the same proceedings, and the Chancellor
may decree as if the infant were of full age; provided, that in all
cases, where a decree shall be passed against an infant out of the
State; except in those cases in which proceedings against infants
out of the State are already provided for by law, 1789, ch. 46;
1790, ch. 38; 1797, ch. 114, s. 5; 1832, ch. 302, s. 9, there shall be
liberty reserved for the infant, within eighteen calendar months
from the date of the decree.; or within six such months after the
infant shall attain the age of twenty-one years, to shew cause
wherefore the decree ought not to have been passed; and the bill
tiled for shewing cause shall be against the original plaintiff, or
those claiming under him, on which the Chancellor shall direct
proceedings by subpoena, or such notice as he shall think proper of
the substance and object of the bill, by a day limited, not less than
four months after notice, for the defendant to tile an answer to
such bill of revision, which if not tiled, the Chancellor may pro-
ceed to a revision of the decree before passed, or direct proofs ex
parte to be received as evidence in addition to the former pro-
ceedings; and in case of the defendant's appearing to such bill of
revision, additional evidence and proceedings may be had, and the
Chancellor shall pass such decree as circumstances and the equity
of the case may require. 1799, ch. 79, s. 4.

All these newly prescribed modes of proceeding, by publication
against adult and infant defendants applied, however, to none
other than original and regular proceedings in equity, and there-
fore, in relation to all interlocutory petitions in Chancery, as well
as to petitions of all other kinds addressed to it, or to any other of
the Courts of justice, it has been declared, that in all cases of
petitions, instituted in any of the Courts of this State, to which a
non-resident may be a party, such Court, upon being satisfied of