WILLIAM GRASON, ESQUIRE, GOVERNOR.

1841.

complaint may, at his election, have process of subpoena
against the [ ] thereto, or an order directing such notice of said
bill, and of its object, to be given to the said defendant, by ad-
vertisement in newspapers or otherwise, as to said court shall
appear proper, warning the said defendant to appear in said
court, in person or by solicitor, on or before some day to be fix-
ed by said order, to shew cause why a decree should not be

CHAP. 22.

Notice to be
given.

passed as prayed by the bill; and on the return of a sub
poena, summoned or upon non est, returned to two succes-
sive writs of subpoena, regularly issued, or upon proof of
notice being given as aforesaid; and upon failure of the de-
fendant to appear and answer the said suit, within the time

On return of
subpoena.

limited for that purpose, the said court may order and di-
rect the said suit to be revived, and such other proceedings
may be thereon had, as if the said defendant had answered
without admitting; provided however, that said defendant
shall be and hereby is authorised, at any time before final
decree or other final disposition of the controversy, to ap-
pear in said court and file such answer or institute such
other proceedings as he might have done on his appearance
regularly to said bill.

Suit may be re-
vived, &c.

Proviso.

SEC. 4. And be it enacted, That in all cases whatsoever,
where a bill shall be filed in the court of chancery, against
any person or persons, and wherein said court hath the
power to order publication against the said defendant or
defendants, the court of chancery shall have full power
and authority to direct such notice of said bill, and of the
object thereof, by advertisement, in newspapers, or other-
wise, as to said court shall appear proper, warning the
said defendant or defendants to appear in said court, in
person or by solicitor, on or before some day to be fixed
by said order, to show cause why a decree should not be
passed as prayed as by the [ ] provided however, that the day
to be fixed as aforesaid, for showing cause against the said
decree, shall not be less than three months distant from the
time limited by said order for giving such notice.

Where bill shall
be filed court to
give notice of
the object.

Proviso.

SEC. 5. And be it enacted, That in all cases where a
bill hath been filed in the court of chancery, against any
person or persons, and the court of chancery hath passed
an order of publication against any such defendant, under
the provisions of an Act of Assembly, in such case made
and provided, the same order of publication shall be valid
and operative, although it may not pursue the precise direc-
tions of the said Acts of Assembly, provided, that the day
limited for the appearance of the said defendant, by said
*2

Order of publi-
cation declared
valid.