BUCKINGHAM v. PEDDICORD. 457

non-residence, and that its process cannot be served on him, may
order such notice to be given by advertisement in the public news-
papers, or otherwise, as it may deem reasonable, warning such
non-resident to appear by a certain appointed day, at feast three
months thereafter; whereupon the court shall hold jurisdiction of
the case and determine the same as if such non-resident had
appeared thereto, (m)

And, finally, as to cases in chancery, in general, it has been
declared, that in case any defendant shall 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 jparte, and a decree thereon made, (n) 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 ap-
pointed therefor, the Chancellor may take the allegations of the
bill pro confesso, and decree ex parte in such manner as shall appear
just, (o) And that in all cases whatever, it shall be at the discre-
tion 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, (p)
But, as in all cases where the bill is to be taken pro confesso, the
court hears the pleadings, and itself pronounces the decree, as seems
to be expressly required by legislative enactment in some cases; (q)
and 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; (r) 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, (s)

In the ordinary course of the court, according to the existing

(m) 1818, ch. 133, s. 1.—(n) 1790, ch. 79, s. 9; Clapham v. Clapham, 1 Bland,
126, note.—(o) 1798, ch. 84; 1807, ch. 140.—(p} 1799, ch. 79, s.5; Johnson v.
Desmiatere, 1 Vern. 223; Dominicetti v. Latti, 2 Dick. 588.—(q) 1820, ch. 161,
s. 1.—(r) Geary v. Sheridan, 8 Ves. 192.—(s) Molesworth v, Verney, 2 Dick. 667;
Iglehart v. Armiger, 1 Bland, 528.