631

PROCEEDINGS IN EQUITY. [ART 65.

decree for spe-
cific perform-
ance.

review at any time within twelve months after the date of the de-
cree; and, if such non-resident be an infant, he may file a bill of

Where if infant
Or non compos
mentis
10 G & J 480,
12 G & J 69

review at any time within twelve months after he arrives at age; or
if such infant dies under age, his heir or other representative may
file a bill of review at any time within twelve months after the death
of such infant; and, if such non-resident defendant be non compos
mentis, he may a file a bill of review at any time within twelve
months after he becomes of sane mind, or his heir or other repre-
sentative may do so at any time within twelve months after the
death of such non compos mentis. But the provisions of this section

Not to apply to
decrees of fore-
closure, mort-
gage, partition,
etc

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 parti-
tion of any real or personal property, or to a decree for the sale of
any real or personal property for the purposes of division.

Id. s 92
1797, c 114, s 3,
1832, c 302, s 3,
1841, c 22, s 3,
1853 c 38
Persons secret-
lug themselves
to be treated as
non-residents

29. In all cases where two successive subpoenas against a de-
fendant have been returned non est, or upon the return of one sub-
poena non est, and proof by affidavit that the defendant hath kept
out of the way, or secreted himself, to avoid the service of the sub-
poena, he may be proceeded against as if he was a non-resident. This

Corporations,

to include corporations as well as other persons.

Id s 93
1853. c 38
Notice in case
of corporation
whose officers
are non-resi-
dents

30. 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 corpo-
ration may be proceeded against as a non-resident defendant, by
notice by publication, and upon its failure to appear and answer
according to such notice, a decree pro confesso may be passed
against it, or a commission ex parte may issue

Id s 94
1826, c 199
Bill of inter-
pleader, non-
resident defend-
ants

31, 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 de-
fendants, issue an ex parte commission to" take testimony, provided,

notice.

notice of the substance and objects of the bill and answers be given,
as in other cases of non-residents. This to apply to one or more
defendants.

Id s 95
1842, c 206, s 2
Where defend-
ants not known
to be living, or
heirs unknown

32. In cases where it is unknown whether such party be living
or dead, the bill may be filed against him as if living, and in cases
where the party is dead and it is unknown whether he left any heirs, '
or if the heirs be unknown, then the bill may describe such unknown
heirs as the heirs of the person who, if living, would be the proper
party.

Id s 96
1832, c 302, 8 4,
1B35, c 380, s 6,
1842, c 206, s 2
How bill may
describe un-
known heirs,
and notice.

33. Where it is unknown whether a deceased person who ought
to be a party to a bill in chancery has left any heirs, or if the heirs
be unknown, in all such cases the bill may describe such unknown
persons as the heirs of the person who, if living, would be the proper
party, and the court shall order notice by publication to be given to
such persons, according to their description in the bill, and the same