390 CHANCERY. [ART. 16

within twelve months after the death of such infant; and if such non-
resident defendant be now compos mentis, he may file a bill of review
at any time within twelve months after he becomes of sane mind, or his
heir or other representative may do so at any time within twelve months
after the death of such non compos mentis. But the provisions of this
section are not to apply to any decree to foreclose a mortgage, or for
sale of the mortgaged premises, or to a decree for the sale of real or
personal property to pay debts or liens, or to a decree for the partition
of any real or personal property, or to a decree for the sale of any real
or personal property for the purposes of division.

After a decree has been affirmed on appeal, a bill of review must be founded
upon matter discovered since thn decree. A distinction drawn between a
proceeding under the act of 1795, ch. 88, before the decree and after it.
Pinkney v. Jay. 12 G. & J. 69. And see Burd v. Greenleaf, 1 Bl. 557.

A bill of review under this section may be filed to decrees of the court of
appeals, as well as to those of the lower court. Luckett v. White, 10 G. &
T. 497 (explained in Pinkney v. Jay, 10 G. & J. 69).

Cited but not construed in Buckingham v. Peddicord, 2 Bl. 453; Etchison v.
Dorsey, 1 Bl. 530.

As to specific performance, see sections 91 and 231.

1904, art. 16, sec. 120. 1888, art. 16, sec. 108. 1860, art. 16, sec. 92. 1797, ch. 114,
sec. 3. 1832, ch. 302, sec. 3. 1841, ch. 22, sec. 3. 1853, ch. 38.

127. In all cases where two successive subpoenas against a defend-
ant have been returned non est, or upon the return of one subpoena non
est, and proof by affidavit, that the defendant hath kept out of the way,
or secreted himself, to avoid the service of the subpoena, he may be pro-
ceeded against as if he were a non-resident. This section to be applica-
ble to corporations as well as other persons.

Ibid. sec. 121. 1888, art. 16, sec. 109. 1860, art. 16. sec. 93. 1853, ch. 38.

128. In a suit against a corporation, whether foreign or domestic,
if neither the president nor any of the directors, officers or agents upon
whom process may be served reside in this State, such corporation may
be proceeded against as a non-resident defendant, by notice by publica-
tion.

See art. 23, sections 87 and 92.

Ibid. sec. 122. 1888. art. 16. sec. 110. 1860. art. 16, sec. 94. 1826, ch. 199.

129. Where, in a bill of interpleader, some of the defendants are
non-residents, and such non-residents fail to answer, the court may
order the answers filed by the other defendants to be taken as the
answers of such non-resident defendants, or may as to such defendants
direct testimony to be taken; provided, notice of the substance and
objects of the bill and answers be given, as in other cases of non-resi-
dents. This section to apply to one or more defendants.

Cited but not construed in Buckingham v. Peddicord. 2 Bl. 455.

Ibid sec 123. 1888, art. 16. sec. 111. 1860, art. 16, sec. 95. 1842, ch. 206, sec. 2.

1892. ch. 637. 1910. ch. 496 (p. 60).

130. In cases where it is unknown whether a non-resident be living
or dead the bill may be filed against him as if living, and in cases