486 ARTICLE 16.

the death of such infant; and if such non-resident defendant be non 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 par-
tition 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 the decree. A distinction drawn between a proceeding
under the act of 1795, ch. 88, before the decree and after it. Pinkey 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 ap-
peals, as well as to those of the lower court. Luckett v. White, 10 G. & J. 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. 536.
As to specific performance, see secs. 94 and 246.

An. Code, sec. 127. 1904, sec. 120. 1888, sec. 108. 1797, ch. 114, sec. 3. 1832, ch. 302, sec. 3.
1841, ch. 22, sec. 3. 1853, ch. 38.

134. In all cases where two successive subpoenas against a defendant
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 proceeded
against as if he were a non-resident. This section to be applicable to cor-
porations as well as other persons.

An. Code, sec. 128. 1904, sec. 121. 1888, sec. 109. 1853, ch. 38.

135. 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 pro-
ceeded against as a non-resident defendant, by notice by publication.
See art. 23, secs. 103 and 118.

An. Code, sec. 129. 1904, sec. 122. 1888, sec. 110. 1826, ch. 199.

136. 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-residents. This section to apply
to one or more defendants.

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

An. Code, sec. 130. 1904, sec. 123. 1888, sec. 111. 1842, ch. 206, sec. 2. 1892, ch. 637.

1910, ch. 496 (p. 60).

137. 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 where the