ART. 16] PLEADING, PRACTICE AND PROCESS. 41 7

1904, art. 16, sec. 186. 1888, art. 16, sec. 173. 1860, art. 16, sec. 120. 1773, ch, 7,

sec. 3. 1785, ch. 72, sees. 19, 20. 1799. ch. 79,

sec. 5. 1832, ch. 302, sec. 3.

195. In any case where a defendant has been returned summoned
and shall fail to appear, an attachment may issue to compel the appear-
ance; and if the attachment is served and the party fails to appear by
the first day of the next term after the term to which such attachment
was returnable, or if the attachment be returned non est, an attachment
with proclamations may issue, and if the defendant shall not appear by
the first day of the term next after that to which the attachment with
proclamations was returnable, the court in either case may pass a decree
pro confesso, or may order testimony to be taken ex parte.

Cited but not construed in Neale v. Hagthrop, 3 Bl. 573; Dorsey v. Dorsey,
3 Bl. 17; Buckingham v. Peddicord, 2 Bl. 452; Craig v. Baker, 2 Bl. 241.

See notes to sections 149 and 152.

Ibid. sec. 187. 1888, art. 16, sec. 174. 1860, art. 16, sec. 121. 1785, ch. 72,
secs. 19, 20. 1799, ch. 79, sec. 2. 1832, ch. 302, sec. 3.

196. If any defendant after appearance shall fail to answer within
the time prescribed by the rules of court, an attachment may issue
against such defendant to compel him to answer, and he may be com-
mitted as for a contempt for not answering; and if the attachment shall
be returned served, and the defendant does not answer by the first day
of the term next after that to which the attachment was returnable, or
if the attachment be returned non est, an attachment with proclamations
may issue; and if the defendant shall fail to answer by the first day of
the term next after that to which the last named attachment was return-
able, the court in either case may pass a decree pro confesso against such
defendant, or may order testimony to be taken ex parte; any defendant
under this or the preceding section may answer at any time before final
decree, on such terms as the court may prescribe.

Cited but not construed in Neale v. Hagthrop, 3 Bl. 574; Buckingham v.
Peddicord, 2 Bl. 453.

See notes to sections 149 and 152.

Ibid. sec. 188. 1888, art. 10, sec. 175. 1860, art. 16, sec. 122. 1773, ch. 7.
1785, ch. 72. 1799, ch. 79. 1818, ch. 193. 1820, ch. 161.

197. A plaintiff may take, at his election, any of the proceed-
ings authorized by this article against a defendant who fails to appear
or answer.

Cited but not construed in Neale v. Hagthrop, 3 Bl. 573.

Ibid. sec. 189. 1888, art 16. sec. 176. 1860, art. 16. sec. 123. 1815, ch. 163, sec. 7.
1817, ch. 139. 1819, ch. 144, sec. 3.

198. A court of equity may issue process of any sort, including
commissions to take testimony, to any part of the State.
Cited but not construed in Deale v. Estep, 3 Bl. 439.

Ibid. sec. 190. 1888, art. 16, sec. 177. 1886, ch. 441.

199. The court may at any stage of a cause or matter, on the appli-
cation of any party thereto, or party in interest, by motion or petition,
27