ART. 65. ] PROCEEDINGS IN EQUITY:

637

for answering such bill, the said court is authorized and required,
on the application of the complainant, to enter an interlocutory de-
cree in such cause, and to issue a commission ex parte to one or
more persons for the taking of testimony to support the allegations
in the said bill, which commission shall be issued, proceeded in, and
returned in the same manner, and the testimony taken and returned
under the same shall have the same effect as if issued and returned
in the usual way, on answer, general replication, and issue, and the
court shall proceed to a final decree in the cause in the same man-
ner as if the defendant had appeared and put in his answer

2 Bl 447, 11 G
& J 426, 2 G. &
J 311.

43. Whenever any such bill as is mentioned in the preceding sec-
tion 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 com-
plainant 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 sufficiently alleged and
charged, to be taken pro confesso, and to proceed to make a final de-
cree in the case in the same manner as if such matter or thing had
been proved on a commission or admitted by answer.

Id s 116
1820, c 161, s 2.
Cases in which
a decree pro con-
fesso may be
passed.
H G & J. 426,
2 B1 447

44. In any case where a defendant has been returned summoned
and shall fail to appear, an attachment may issue to compel the ap-
pearance, 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 returnable, or if the attachment be returned
non est, an attachment with proclamations 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 a commission ex parte to take evidence

Id s. 120
1773, c 7, s 3,
1785, c 72, ss 19,
20, 1799, c 79 s
5, 1832, c 302,
s 3.
Attachment to
compel appear-
ance of defend-
ant
9 Md 469, 13
Md 337, 2 Bl
447, 3 Bl 551
Decree pro
confesso
Commission
ex parte

45. 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 attach-
ment 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 returned non est, an attach-
ment 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

Id s 121

1785, c 72, ss 19,
20, 1799, c 79, s.
2, 1832, c 302,
s 3
Attachment to
compel answer

pass a decree pro confesso against such defendant, or may order a
commission ex parte to take testimony; any defendant under this
or the preceding section may answer at any time before final decree,
on such terms as the court may prescribe.

Order