190 CHANCERY—PLEADING, PRACTICE, PROCESS. [ART. 16.

P. G. L., (1860,) art. 16, sec. 120. 1773, ch. 7, sec. 3. 1785, ch. 72, secs. 19-20.
1799, ch. 79, sec. 6. 1832, ch. 302, sec. 3.

173. In any case where a defendant has been returned sum-
moned and shall fail to appear, an attachment may issue to com-
pel the appearance; 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 testimony to be taken exparte.

West v. Briscoe, 6 H. & J. 462. Fitzhugh v. McPherson, 9 G. & J. 51.
Grove v. Fresh. 9 G. & J. 280. Luckett v. White, 10 G. & J. 489. Crapster v.
Griffith 2 Bl. 1. Kipp v. Hanna, 2 Bl. 26. Binney's Case, 2 Bl 99. Bucking-
ham v. Feddicord, 2 Bl. 447. Deakin's Case, 2 Bl. 398. McKim v. Odom, 3
Bl. 415. Neale v. Hagthorpe, 3 Bl. 551. Cape Sable's Case, 3 Bl 606. Long
v. Long, 9 Md. 348. Kunkel v. Spooner, 9 Md. 469. Wampler v. Wolfinger,
13 Md. 337.

Ibid. sec. 181. 1785, ch. 72. secs. 19-20. 1799, ch. 79, sec. 2. 1832, ch. 302, sec. 3.

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

Ibid. sec. 122. 1773, ch. 7. 1785, ch. 72. 1799, ch. 79. 1818, ch. 193. 1820,

ch. 161.

175. A plaintiff may take, at his election, any of the proceed-
ings authorized by this article, against a defendant who fails to
appear or answer.