114 BURCH v. SCOTT.

from parting with, or paying over the proceeds of the sale of those
negroes.

An injunction bond was filed; but, from its not having been, as
usual, noted as approved by the Chancellor, it would seem to have
been deeped unnecessary in this case. An inunction was granted,
issued, and served. A subpoena was issued returnable to September
term, 1823, and returned served. The defendant not appearing,
an attachment was issued returnable to December term, 1823, and
returned attached; and it was then renewed and returned attached
to March term, 1824, when the following order was passed.

30th March, 1824.—JOHNSON, Chancellor.(b)—In this cause the
defendant being returned attached for not appearing to the bill of
complaint filed by the complainants; and the said defendant not
having appeared, upon motion of the complainants by their solicitor;
it is this 30th day of March, 1824, ordered, that the said defendant,
either in person or by his solicitor, put in a good and sufficient
answer to each interrogatory contained in the bill, or a plea or
demurrer to the same, on or before the 4th day of July term next
of this court, or otherwise the Chancellor, upon application of the
complainants, and at discretion, will either take the bill pro confesso,
or direct a commission to issue for taking depositions, and will
finally decree as to him shall seem meet and consistent with the
established principles of equity, in the same manner as if the said
defendant had appeared and depositions had been taken in the
usual way. Provided a copy of this order be served on the said
defendant, or left at his usual place of abode, before the 20th day
of June next.

After which, this order having been returned served, the case was
brought before the court for further proceeding.

8th July, 1825.—BLAND, Chancellor.—The bill having been
taken pro confesso, on motion of the complainants' counsel, it is
ordered, that a commission issue to Zadock Magruder of Mont-
gomery county in this State, and also to John A. Smith, of the
city of Washington, to take testimony in the cause.

The commission to Smith was returned with testimony, and
filed on the 3d of August, 1825, and that to Magruder wm returned
with proofs and filed on the next day.

(b) The terms and form of this order were adjusted, by Chancellor Hanson,
according to the provisions of the act of 1799, ch. 79, s. 2; in the case of Walsh &
others v. Delassere & others, 19th February, 1800, and it has been followed ever since