ART. 16.] CHANCERY. 89

resident infant to sell, lease, mortgage or exchange the real or
personal property of such infant; and in such cases, two or more
commissioners, who reside near such infant, shall be appointed,
with power to any one to act, who shall go to said infant and
assign a guardian ad litem for such infant, and take his answer
by such guardian and return the same, and after the return of
such answer, the same proceedings shall be had as if such infant
were a resident of this State; and with this further exception,
that where non-resident defendants are non compos mentis, they
are to be proceeded against as directed by the following section.

90. 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 circumstances of the
case may require; Provided, no decree shall pass unless the alle-
gations in the bill or petition are fully proved, under a commis-
sion to be issued for that purpose; the court, at the time of
issuing the commission to take testimony, shall assign a
solicitor for such non-resident defendant or defendants 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.

91. 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; and if such non-
resident defendant be non compos mentis, he may file a bill
of review at any time within twelve months after he becomes of
sane mind, or his heir or other representative may do so at any
time within twelve months after the death of such non compos
mentis. But the provisions of this section are not to apply to any
decree to foreclose a mortgage, or for sale of the mortgaged pre-
mises, or to a decree for the sale of real or personal property
to pay debts or liens, or to a decree for the partition of any real