BUCKINGHAM v. PEDDICORD. 4§5

But, where the proceeding is against the heir at common law, with
publication against the other heirs under the act to direct descents,
such appointed day must not be less than four months subsequent to
the publication; (d) and as against a non-resident defendant to a
bill of interpleader, the day appointed for his appearance, must be
not less than six imnths from the time of the publication of the
order, (e)

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 commission,
decree as justice and equity may require: Provided, that the plain-
tiff shall give at least six months' notice of his application, in such
newspaper as the Chancellor shall direct; and provided, that if the
defendant shall appear at any time, not exceeding eighteen calen-
der months after such decree, and request a review of it upon bill
filed, the Chancellor shall proceed to an examination of the mat-
ter, 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 de-
fend on filing a good and sufficient answer, plea, or demurrer, (f)
That in case a defendant resides out of the state, and a summons
has been served upon him, (g) 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 news-
paper at least three months 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 immediately put in such answer, there shall
be the same proceedings as if he had regularly appeared and an-
swered, (h) And that if, on the death of a plaintiff, a bill of revi-
vor shall be filed and the defendant shall have removed out of the

(d) 1797, ch. 114; 1881, ch. 311, 8. W.—(e) 1826, ch. 199.—(f) 1804, ch. 107;
1787, ch. 30; 1792, ch. 41; 1795, ch. 88, s. 1,—(g) Scott v. Hough, 4 Bro. C. C.
218.—(h) 1799, ch. 79, s. 1, 2.