516 ARTICLE 16.

An. Code, sec. 194. 1904, sec. 185. 1888, sec. 172. 1820, ch. 161, sec. 2.

209: In all cases where a bill for discovery merely is filed against a
defendant of full age, and the subpoena issued thereon is returned sum-
moned, and the defendant fails to answer within the time fixed by the
rules or order of the court, upon satisfactory proof, by affidavit or other-
wise, being produced to the court that such subpoena was duly served, the
court may examine the plaintiff in open court, or upon interrogatories, on
oath, touching the truth of the allegations in the bill; and if from such
examination the court shall be satisfied prima facie that the allegations
in the bill are true, then a decree shall be passed which shall have the same
effect, in evidence or otherwise, as the answer of the defendant confessing
all the allegations of the bill could have; or if the subpoena shall be re-
turned summoned, and the defendant shall fail to appear, or, after appear-
ance, shall fail to answer, an attachment of contempt may issue; and if
the said attachment is returned served, and the defendant fails to appear
or answer, as the case may be, the court, upon being satisfied of the service
of both subpoena and attachment, may pass a decree pro confesso, or if in
such case the attachment is returned non est inventus, an attachment with
proclamations may issue; and if the defendant shall fail to appear or
answer, as the case may be, the court, upon being satisfied of the service of
the subpoena, may pass a decree pro confesso, without examining the plain-
tiff, in its discretion; and such decree, in either case, shall have all the effect,
in evidence or otherwise, that the answer of such defendant confessing all
the allegations in the bill would have.
See sec. 165.

An. Code, sec. 195. 1904, sec. 186. 1888, sec. 173. 1773, ch, 7, sec. 3.
1785, ch. 72, secs. 19, 20. 1799, ch. 79, sec. 5. 1832, ch. 302, sec. 3.

210. In any case where a defendant has been returned summoned and
shall fail to appear, an attachment may issue to compel the appearance;
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 return-
able, or if the attachment be returned non est, an attachment with procla-
mations 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 secs. 164 and 167.

An. Code, sec. 196. 1904, sec. 187. 1888, sec. 174. 1785, ch. 72, secs. 19, 20.
1799, ch. 79, sec. 2. 1832, ch. 302, sec. 3.

211. 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 committed 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