436 BUCKINGHAM v. PEDDICORD.—2 BLAND.

such *non-residence, and that its process cannot be served
457 on Mm, may order such notice to be given by advertisement
in the public newspapers, or otherwise, as it may deem reasona-
ble, warning such non-resident to appear by a certain appointed
day, at least three months thereafter; whereupon the Conrt shall
hold jurisdiction of the case and determine the same as if such
non-resident had appeared thereto. 1818, ch. 133, s. 1.

And, finally, as to cases in Chancery, in general, it has been de-
clared, that in case any defendant sha.ll appear agreeably to an
order limiting a day, or voluntarily, he shall put in a good and
sufficient answer, plea or demurrer, on or before the fourth day of
the term succeeding such appearance, or be liable to be proceeded
against, if a resident of the State, as if he had been summoned
and appeared; and if he be a non-resident, either the bill shall be
taken pro confesso, or a commission may issue to take depositions
ex parte, and a decree thereon made. 1799, ch. 79, s. 9; Clapham
v. Clapham, 1 Blond, 126, note. That in cases where a defendant
may be ordered to produce books in his possession, on his failing
to do so, or to shew sufficient cause at the term appointed there-
for, the Chancellor may take the allegations of the bill pro confesso,
and decree ex parte in such manner as shall appear just. 1798, ch.
84; 1807, ch. 140. And that in all cases whatever, it shall be at
the discretion of the Chancellor, where he is authorized to decree
without the appearance of the defendant, either to take the bill
pro confesso, or direct a commission for taking depositions ex parte,
as by law is directed, in certain cases where the defendants are
non-residents. 1799, ch. 79, s. 5; Johnson v. Desmineere, 1 Vern.
223; Dominicetti v. Latti, 2 Dick. 588. But, as in all cases where
the bill is to be taken pro eonfesso, the Court hears the pleadings,
and itself pronounces the decree, as seems to be expressly required
by legislative enactment in some cases; 1820, ch. 161, s. 1; and
it does not permit the party to draw up his own decree; and so take
such a one as he himself conceives he can abide by, as in cases of
default by the defendant at the hearing; Geary v. Sheridan, 8 Ves.
192; it follows, that if it should appear,; upon the face of the bill, as
thus taken pro confesso, as when taken for true upon demurrer, that
the Court has no jurisdiction, or that the plaintiff has no equitable
claim to relief, the bill must be dismissed with costs. Molesworth
v. Verney, 2 Sick. 667; Iglehart v. Armiger, 1 Bland, 528.

In the ordinary course of the Court, according to the existing
458 * practice, a bill may be taken pro confesso, upon a demurrer
in bar being overruled, or on a plea being found false. Davit
v. Davis, 2 Atk. 24; Wood v. Strickland, 2 Ves. & Bea. 158; Trim
v. Baker,1 Cond. Cha. Rep. 240; Eowleyv. Eccles, 1 Cond. Cha. Rep.
260. And if a defendant attempts to protect himself from answer-
ing by a demurrer or plea, and fails, so that the bill may be taken
pro confesso, he may without being allowed or ordered, to answer