454 BUCKINGHAM v. PEDDICORD.

for the taking of testimony in support of the allegations of the bill;
upon the return of which, the court may proceed to a final decree.
But that, when the bill shall charge any matter as being within the
private knowledge of the defendant, and the plaintiff shall satisfy
the court, by affidavit in open court, that such matter does rest in
the private knowledge of the defendant, the bill as to such matter
may be taken pro confesso, and a final decree made, as if such
matter had been proved or admitted, (x)

But there being a great variety of instances in which it was
important that some means should be given for obtaining relief in
equity against persons who were competent to answer, (y) but
were not within the jurisdiction of the state, all such cases have
been provided for by several general, and apparently comprehen-
sive legislative enactments; (z) which appear to have virtually
modified, or repealed several then existing provisions in relation
to the same matter; (a) and to have more particularly specified
what should be deemed sufficient notice as spoken of in some
other laws, (b)

It has been declared, that, in all cases whatever, where a bill
shall be filed against a person riot residing within the state, the
Chancellor may direct such notice of the bill, and the object
thereof by advertisement in newspapers, or otherwise, warning the
defendant to appear on or before some day to be fixed, not less 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 proceedings 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 dis-
pute, and decree as if such person had originally appeared, (c)

(x) 1820, ch. 161, s. 1, 2.~(y) Carew v. Johnston, 2 Scho. & Lefr. 292; Knight
v. Young, 2 Ves. &, B. 185.—(z) Smith v. The Hibernian Mine Company, 1 Scho.
& Lefr. 238.—(a) 1773, ch. 7, s. 3, 4; 1785, ch. 72, s. 30, 81; 1787, ch. 30, s. 2.—
(6) 1791, ch. 79; 1792, ch. 41; 1794, ch. 60.—(c) 1795, ch. 88, s. 1; 1820, ch.
161, s. 4, 5; 1831, ch. 311, s. 13; 1832, ch. 302, s. 3; Knight v. Young, 2 Ves. & B.
185.