CHANCERY 623
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. 170 and 173.
An. Code, 1924, sec. 211. 1912, sec. 196. 1904, sec. 187. 1888, sec. 174. 1785, ch. 72, secs.
19, 20. 1799, ch. 79, sec. 2. 1832, ch. 302, sec. 3.
217. 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 rettirned
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 returnable, the court in either case
may pass a decree pro confesso against such defendant, or may order tes-
timony 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 secs. 170 and 173.
An. Code, 1924, sec. 212. 1912, sec. 197. 1904, sec. 188. 1888, sec. 175. 1773, ch. 7. 1785,
ch. 72. 1799, ch. 79. 1818, ch. 193. 1820, ch. 161.
218. A plaintiff may take, at his election, any of the proceedings
authorized by this article against a defendant who fails to appear or answer.
Cited but not construed in Neale v. Hagthrop, 3 Bl. 573.
An. Code, 1924, sec. 213. 1912, sec. 198. 1904, sec. 189. 1888, sec. 176. 1815, ch. 163, sec. 7.
1817, ch. 139. 1819, ch. 144, sec. 3.
219. A court of equity may issue process of any sort, including corn-
missions to take testimony, to any part of the State.
Cited but not construed in Deale v. Estep, 3 Bl. 439.
Appearance of non-resident of county may be required in aid of proceeding pending
therein. Evans v. Zouck, 172 Md. 17.
An. Code, 1924, sec. 214. 1912, sec. 199. 1904, sec. 190. 1888, sec. 177. 1886, ch. 441.
220. The court may at any stage of a cause or matter, on the applica-
tion of any party thereto, or party in interest, by motion or petition, or of
its own motion, order the issue of a mandate (affirmative injunction) or
injunction, directing and commanding any party to such cause or matter,
or any party properly brought before it under the existing practice, to do,
or abstain from doing, any act or acts, whether conjointly or in the alter-
native, whether in the nature of specific performance or otherwise named
in such mandate or injunction, and may make such terms and conditions
(as to security, &c.,) as to it may seem fit, preliminary to the granting of
such mandate or injunction.
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