ART. 16.] CHANCERY. 91

in a bill in chancery; and any decree which may be passed,
shall have the same effect against those described as the heirs of
a particular person, as if the party whose heirs they are supposed
to be were living and a party to such decree. The provisions of
this section to apply to all cases, including bills of review, bills
of interpleader and supplemental bills.

97. Any non-resident, or person proceeded against as a non-
resident, may appear and answer before final decree, on such
reasonable terms as the court may prescribe.

98. In all suits in chancery against non-residents, or against
persons who may be proceeded against as if they were non-resi-
dents, the court may order notice to be given by publication in
one or more newspapers, stating the substance and object of the
bill or petition, and warning such party to appear on or before
the day fixed in such order, and show cause why the relief
prayed should not be granted, and such notice shall be published
as the court may direct, not less, however, than once a week for
four successive weeks three months before the day fixed by such
order for the appearance of the party; Provided, if a copy of
the order be personally served on such party three months before
the day so fixed for his appearance, such service shall have the
same effect as a publication.

PARTITION.

99. The court may decree a partition of any lands or tene-
ments, or any right, interest or estate therein, either legal or
equitable, on the bill or petition of any joint tenant, tenant in
common, or any parcener or any concurrent owner whether
claiming by descent or by purchase; or if it appears that the
said lands or tenements, or right, interest or estate therein can-
not be divided without loss or injury to the parties interested, the
court may decree a sale thereof, and a division of the money
arising from such sale among the parties according to their
respective rights. This section to apply to cases where all the
parties are of full age; and to cases where all the parties are
infants, and to cases where some of the parties are of full age
and some infants, and to cases where some or all of the parties
are non compos mentis; and also to apply to eases where any or
all of the parties are non-residents, and any party whether of
full age, infant or non compos mentis, may file a bill under this