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at any time after the lapse of thirty days from the date of the order pro con-
fesso, if there be no answer, plea or demurrer interposed, and the allegations
of the bill or petition present a proper case for relief. But the court or
judge thereof, may, in all such cases, if it be deemed proper, order that the
allegations of the bill or petition, or any of them, be supported by affidavit
or deposition to be taken as may be directed.

The practice prevails in this state of requiring plaintiffs to support the allegations of a
bill or petition by proof, and a final decree must be sanctioned by the evidence, although
a decree pro conjesso has passed. Turpin v. Dirickson, 105 Md. 625. And see Benson v.
Ketchum, 14 Md. 331; Buckingham v. Peddicord, 2 Bl. 447; Purviance v. Barton, 2
G. & J. 315.

No notice of decree pro conjesso is required. Harrison v. Morton, 87 Md. 677.

Proof taken ex parte cannot be used against defendants who are not in default.
Kerr v. Martin, 4 Md. ch. 343.

For cases arising under art. 16, sec. 115, of the Code of 1860 (analogous in some of
its provisions to this section), see Rust v. Lynch, 54 Md. 637; Mondell v. Shafer, 49
Md. 493; Brown v. Kemper, 27 Md. 674.

For cases dealing with the act of 1820, ch. 161, sec. 1 (analogous in its provisions to
equity rule 12), see Higgins v. Horwitz, 9 Gill, 343; Richardson v. Stillinger, 12 G. & J.
479; Hatton v. Weems, 12 G. & J. 106; Grove v. Fresh, 9 G. & J. 280; Neale v. Hagthrop,
3 Bl. 573; Buckingham v. Peddicord, 2 Bl. 454; Campbell's Case, 2 Bl. 219; Ringgold's
Case, 1 Bl. 19.

No decree pro confesso may pass against infant or insane defendants—see sec. 225.

See notes to sec. 173.

An. Code, 1924, sec. 165. 1912, sec. 150. 1904, sec. 141. 1888, sec. 128. 1820, ch. 161, sec. 2.

171. Whenever any bill shall charge any matter or thing as being
within the private knowledge of the defendant and shall pray a discovery,
on oath, as to such matter or thing, and an interlocutory decree, as provided
for in the last preceding section, shall have been entered, and the plaintiff
shall satisfy the court, by affidavit, to be taken in open court and filed in
the cause, that such matter or thing does rest in the private knowledge of
the defendant, and that there is reasonable ground for believing, prima
facie, that such matter or thing does exist, the said court is authorized and
required to order the bill as to such matter or thing, the same being suffi-
ciently alleged and charged, to be taken pro confesso, and to proceed to
make a final decree in the case, in the same manner as if such matter or
thing had been proved or admitted by answer.

The decree pro confesso must precede the final decree upon bills of discovery
under this section. Oliver y. Palmer, 11 G. & J. 445.

Cited but not construed in Korns v. Shaffer, 27 Md. 89; Purviance v. Barton, 2 G. &
J. 317; Salmon v. Clagett, 3 Bl. 148; Buckingham v. Peddicord, 2 Bl. 454.

See sec. 215.

An. Code, 1924, sec. 166. 1912, sec. 151. 1904, sec. 142. 1888, sec. 129. 1799, ch. 79, sec. 5.

172. If any defendant, after appearance and before he puts in a suffi-
cient answer, shall leave the State, or if any non-resident defendant appears
and does not put in a sufficient answer, the court may order such defendant
to answer by a particular day, and upon his failure to comply with such
order, the bill may be taken pro confesso against such defendant.

An. Code, 1924, sec. 167. 1912, sec. 152. 1904, sec. 143. 1888, sec. 130. 1795, ch. 88, sec. 1.
1797, ch. 114, sec. 3. 1799, ch. 79, sec. 2. 1820, ch. 161, sec. 3.

173. Any defendant against whom an interlocutory decree shall be
entered, and also any defendant against whom an order to take a bill as to
any matter or thing pro confesso may be passed, may appear at any time
before final decree and file his answer, on oath, to the bill, which shall be
filed forthwith, or within such reasonable time as the court in its discretion,
and on special cause shown by affidavit, shall appoint; and on such answer