ART. 16] NON-RESIDENTS. 393

estate of such decedent as if an executor or administrator of such dece-
dent to whom letters testamentary or of administration had been
granted by an orphans' court or register of wills of this State had been
made such party defendant, and said foreign executor or administrator
may in any such case, if a non-resident of this State, be proceeded-
against as provided for in cases of other non-residents, or if within thi.-
State, by service of summons upon him, or said foreign executor or
administrator may voluntarily appear to the action, or otherwise become
or be made a party defendant as in cases of other parties defendant;
provided, however, that if letters testamentary or of administration
of the estate of such decedent shall after the making of such foreign
executor or administrator a party defendant be granted upon the
estate of such decedent by any orphans' court or register of wills of
this State, the executor or administrator so appointed may intervene
in such chancery case, if the same be still pending, and shall thereupon
be substituted as a party defendant in place of said foreign executor
or administrator, and shall thereafter represent the personal estate of
said decedent.

As to administration by foreign executors, see art. 93, sec. 76, et seq.

1904. art. 10. sec. 126. 1,888, art. 16. sec. 113. 1860, art. 16. sec. 97. 1795. ch. SS,
sec. 1. 1820, ch. 161. sec. 3.

134. Any non-resident, or person proceeded against as a non-resi-
dent, may appear and answer before final decree, on such reasonable
terms as the court may prescribe.

Where, upon an appeal from a decree of sale, a case is remanded that
further proof may be taken, a defendant may appear and answer. Johnson
v. Robertson, 34 Md. 172.

Ibid. sec. 127. 1888, art. 16. sec. 114. 1860. art. 16, sec. 98. 1773. ch. 7. sec. 3.

1787. ch. 30, sec. 2. 1795. ch. 88. sec. 1. 1797. ch. 114. sec. 3. 1799, ch.

79, sec. 1. 1818. ch. 133, sec. 1. 1826. chs. 178, 199. 1,841. ch.

22. secs. 3-5. 1842. ch. 229. secs. 4. 5. 1852. ch. 173.

sec. 4. 1868. ch. 435. 1888. ch. 486.

1896. ch. 38.

135. In all suits in chancery against non-residents or against
persons who may be proceeded against, as if they were non-residents,
the court may order notice to be given by publication, in one or more
newspapers, stating the substance and object of the bill or petition, and
warning such party to appear on or before the day fixed in such order
and show cause why the relief prayed should not be granted, and such
notice shall be published as the court may direct, not less, however,
than once a week for four successive weeks, previous to fifteen days
before the day fixed by such order for the appearance of the party:
provided, if a copy of the order be personally served on such party one
month before the day fixed for his appearance, if he be within the
limits of the United States, or three months if beyond, such service
shall have the same effect as a publication. Proof of said service must
be as follows: First, if served by the sheriff, his certificate thereof: