436 CHANCERY. [ART. 16

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 plaintiff 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 a decree
shall be passed which shall have the same effect, in evidence
or otherwise, as the answer of the defendant 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 fail to answer, an attachment of con-
tempt 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, of if
in such case the attachment is returned non est inventus, an
attachment with proclamations may issue; and if the defend-
ant 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 evidence or otherwise, that the answer of such,
defendant confessing all the allegations in the bill would have.

Ibid, sec 173. 1860, art. 16, sec. 120. 1773, ch. 7, sec. 3. 1785, ch. 72,

secs. 19, 20. 1799, ch. 79, sec. 5. 1832, ch. 302, sec. 3.
186. In any case where a defendant has been returned sum-
moned and shall fail to appear, an attachment may issue to
compel 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 proclama-
tions 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.
Deakin's Case, 2 Bl 398 Buckingham v Peddicord, 2 Bl. 447 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.