ART. 16.] CHANCERY—PLEADING, PRACTICE, PROCESS. 189

cases, by the issue of the like or other writs; but the court in
which such case shall originally be, may order that the party di-
recting vexatiously or unnecessarily any writ hereunder, shall pay
the cost of the same.

1886, ch. 821.

171. An order or decree for the delivery of chattels maybe
enforced by the same writs, and all of them, as are used in the
action of replevin at common law, as well as those which would
have been heretofore used for its enforcement in the equity courts
of this State.

P. G. L , (1860,) art. 16, sec. 119. 1820, ch 161, sec 2.

172. In all cases where a bill for discovery merely is filed
against a defendant of full age, and the subpoena 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 affidavit or otherwise, being produced to the court that
such subpoena was duly served, the court may examine the plain-
tiff in open court, or upon interrogatories, on oath, touching the .
truth of the ailegations in the bill; and if from such examination
the court shall be satisfied prima facie that the allegations in the
bill are true, then a decree shall be passed which shall have the
same effect, in evidence or otherwise, as the answer of the defend-
ant confessing all the allegations of the bill could have; or if the
subpoena shall be returned summoned, and the defendant shall
fail to appear, or, after appearance, shall fall to answer, an attach-
ment of contempt may issue; and if the said attachment is re-
turned 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 pass a decree
pro confesso, without examining the plaintiff, in its discretion;
and such decree, in either case, shall have all the effect, in evi-
dence or otherwise, that the answer of such defendant confessing,
all the ailegations in the bill would have.