JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 501

teen of the Code of Public General Laws, entitled
" Chancery," relating to process against non-resident	Repealed and
infant defendants in chancery, as repealed and re-	new section
enacted by the act of eighteen hundred and sixty-	added.
eight, chapter two hundred, be and the same is
hereby repealed, and that the following section be
inserted in said article as a substitute for and in lieu
of said section so repealed :
SEC. 89. In every suit in chancery, by bill or pe-
tition, where the defendants, or any of them, shall
be infants residing out of this State, or where appli-
cation is made by the guardian or prochien ami of
any non-resident infant to sell, lease, mortgage or
exchange the real or personal property of such in- fant, on the prayer or petition of the complainant or	Commission
petitioner, a commission may be issued, without any	may be issued
previous process or notice to any persons, in the dis-
cretion of the judge of the court in which said suit is
brought, who reside near such infants, authorizing
them, or either of them, to appoint a guardian to
answer for such infant or infants, and take the an-
swer of such infants by their said guardian, and the
said judge may prescribe the mode of authentica-
ting the execution of such commission, and the an-
swer of every infant so taken in any case, when re-
turned to the court issuing the commission, shall be
as effectual as if taken under a commission executed
within the jurisdiction of such court ; provided that
if in any such suit the party or parties complainant shall allege and prove by oath or affirmation that
the whereabouts of the infant defendant is unknown
to him, her or them, and that he, she or they have
made diligent inquiry to ascertain the same, the said
oath or affirmation, where there is more than one
complainant, to be made by any one, any number or
all of such parties, in the discretion of the court, or
when a commission may have been issued, as herein
provided, and the party or parties to whom such
commission may have been issued shall refuse or ne-
glect to execute or return the same, according to the
exigency thereof, beyond a reasonable length of time,	Infant
to be judged of by the court issuing such commis- sion, then the said infant defendants, being non-res-	defendants may proceed
idents, may be proceeded against by notice given as	against.
provided for in the preceding section of this article