ART. 16.] CHANCERY—NON-RESIDENTS. 167

newspaper, to appear and answer such bill or petition, and upon
the failure of such non-resident to appear and answer the bill or
petition, such decree may be passed as the circumstances of the
case may require; provided, no decree shall pass unless the allega-
tions in the bill or petition are fully proved, under a commission
to be issued for that purpose, or before one of the examiners of the
court; the court shall assign a solicitor for such non-resident de-
fendant to cross-examine the witnesses, which solicitor shall be paid
by the plaintiff, or out of the estate of the defendant, at the dis-
cretion of the court.

P. G. L , (1860,) art 16, sec 91. 1773, ch 7, sec. 4. 1787, ch 30, sec 3 1792,
ch 41, sec. 5. 1795, ch, 88, sec 1. 1799, ch. 79, sec. 4

107. Where a decree has passed for the specific execution of
any contract or agreement for the sale or conveyance of real or
personal estate, or any interest therein against a non-resident de-
fendant, without his having answered, such non-resident may file
a bill of review at any time within twelve months after the date
of the decree; and if such non-resident be an infant, he may file a
bill of review at any time within twelve months after he arrives
at age; or if such infant dies under age, his heir or other represen-
tative may file a bill of review at any time within twelve months
after the death of such infant; and if such non-resident defendant
bfe non compos mentis, he may file a bill of review at any time
within twelve months after he becomes of sane mind, or his heir
or other representative may do so at any time within twelve
months after the death of such non compos mentis. But the pro-
visions of this section 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 partition of any real or personal property, or to
a decree for the sale of any real or personal property for the pur-
poses of division.

Luckett v. White, 10 Q. & J. 480. Pinkney v. Jay, 12 G & J. 69.

Ibid. sec. 92. 1797, ch 114, sec. 3. 1832, ch. 302, sec. 3. 1841, ch. 22, sec. 3.

1853, ch. 38.

108. 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