412 CHANCERY. [ART. 16
any real or personal property lying or being in this State, or to
foreclose any mortgage thereon, or to enforce any contract or
lien relating to the same, or concerning any use, trust or other
interest therein, any or all of the defendants are non-residents,
the court in which such suit is pending may order notice to be
given to such non-residents, of the substance and object of such
bill or petition, and warning them to appear by a day therein
stated.
Strike v. McDonald, 2 H. & G. 222. Gibbs v. Clagett, 2 Or. & J 14. Robin-
son v. Townshend, 3 G. & J. 413. Comegys v. State, 10 G. & J. 175. Luckett
v. White, 10 G. & J. 480. Lingan v. Henderson, 1 Bl. 246. Snowden v.
Snowden, 1 Bl. 558. Buckingham v. Peddicord, 2 Bl. 447. McKim v. Odom,
3 Bl. 428. Neale v. Hagthorp, 3 Bl. 551. Central Bank of Frederick v.
Copeland, 18 Md. 306. Dorsey v. Dorsey, 30 Md. 522. Johnson v. Robert-
son, 31 Md. 476 Johnson v. Robertson, 34 Md. 165. Dorsey v. Thompson,
37 Md. 25. Jenkins v. Whyte, 62 Md. 427. Chappell v. Clark, 94 Md 182.
1888, art. 16, sec. 106. 1860, art. 16, sec. 90. 1795, ch 88, sec. 1.
1842, ch. 216, sec. 1.
118. In all cases in chancery, if any person non compos mentis
and not residing in this State is a defendant, the court may
order notice to be given to such non-resident, by publication in
some 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 circum-
stances of the case may require; provided no decree shall pass
unless the allegations 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 defendant to cross-examine the
witnesses, which solicitor shall be paid by the plaintiff, or out
of the estate of the defendant, at the discretion of the court.
Ibid. sec. 107. 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.
119. 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
defendant, 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 representative may file a bill of review at
any time within twelve months after the death of such infant;
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