CHANCERY. 489

administrator may voluntarily appear to the action, or otherwise become
or be made a party defendant as in cases of other parties defendant; pro-
vided, 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 dece-
dent 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 de-
fendant in place of said foreign executor or administrator, and shall there-
after represent the personal estate of said decedent.

As to administration by foreign executors, see art. 93, sec. 77, et seq.

An. Code, sec. 134. 1904, sec. 126. 1888, sec. 113. 1795, ch. 88, sec. 1. 1820, ch. 161, sec. 3.

141. Any non-resident, or person proceeded against as a non-resident,
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, Eobertson,
34 Md. 172.

An. Code, sec. 135. 1904, sec. 127. 1888, sec. 114. 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. 1841, 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.

142. 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 pub-
lished 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 person-
ally served on such party one month before the day fixed for his appear-
ance, 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 certifi-
cate thereof; second, if by any other person, his affidavit or affirmation
thereof made and signed before a notary public and certified by him; third,
the written admission of the defendant proved to the satisfaction of the
court; and such certificate, affidavit, affirmation or admission shall state
the time and place of service. And any person making a false affidavit or
affirmation as to any such service shall be guilty of perjury, and any sheriff
making a false certificate as to the service of any such notice shall be liable
for making a false return.

Theory of notice by publication. Strict compliance with the requirements of

the statute required, but questions of whether the non-resident saw the notice, or

was able to respond to it, are immaterial. Dorsey v. Dorsey, 30 Md. 534; Dorsey v.

Thompson, 37 Md. 44. Cf. Johnson v. Robertson, 34 Md. 173.
Proof that the notice required by this section was given, held insufficient, and a

recital of the decree that the order of publication." had been duly published," held

not to cure the defect. Johnson v. Robertson. 31 Md. 488.