638

PROCEEDINGS IN EQUITY. [ART. 65.

Id s 122
1773, c 7, 1785,
c 72, 1799, c
79, 1818 c 193,
1820, c 161
Complainant
may elect
process

46. A complainant may take at his election any of the proceed-
ings authorized by this article against a defendant who fails to ap-
pear or answer.

BILL OF DISCOVERT.

Art 16, s 119.
1820, c 161, s 2.
Bill of dis-
covery

47. In all cases where a bill for discovery merely is filed against
a defendant of full age, and the subpaena issued thereon is returned
summoned, and the defendant fails to answer within the time fixed
by the rules or order of the court, upon satisfactory proof, by affi-
davit or otherwise, being produced to the court that such subpoena
was duly served, the court may examine the complainant 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

Proceedings on
defendant's fail-
ing to answer

a decree shall be passed which shall have the same effect, in evidence
or otherwise, as the answer of the defendant confessing all the alle-
gations of the bill could have; or if the subpoena shall be returned
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

Decree pro
confesso

pass a decree pro confesso, without examining the complainant, 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.

DEFENDANT'S APPEARANCE AND ANSWER AFTER INTERLOCUTORY

DECREE.

Art 16, s 117
1715, c 88, s 1,
1797, c 114, s. 3,
1799, c 79, s 2,
1820, c 161, s 3
How defendant
may file his
answer before
final decree, and
proceedings
consequent
12 Md 144, 13
Md 220, 346, 19
Md 56, 36 Md
29, 11 G & J.
137.

48. Any defendant against whom an interlocutory decree shall
be entered under the preceding sections, 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 forth-
with, or within such reasonable time as the court in its discre-
tion, and on special cause shown by affidavit, shall appoint; and
on such answer being filed, such proceedings shall be had as would
or might have been had in case such answer had been filed before the
passage of such interlocutory order or decree, but the court shall
impose such terms on defendant as the condition of permitting such

Discretion of
court

answer to be filed as such court may, in its discretion under all the
circumstances of the case, judge reasonable and proper for avoiding
delay or expense, and for the attainment of justice; and the filing