SNOWDEN v. SNOWDBN.—1 BLAND. 517

or loss; that the defendant is an infant; and that he "is a citizen
of Ann Arundel County, but is at this time in the State of New
York." Upon which they prayed, that the land might be sold to
effect a division; and that a subpoaua might issue against the de-
fendant. The plaintiffs sued out a commission in the usual form
directed to Benjamin Alien alone, of the State of New York,
authorizing him to appoint a guardian, and to take the infant's
answer by such guardian. Which he did, and returned the
answer accordingly. The whole proceeding being in precisely the
same form as if such a commission had gone to one commissioner
only within the State, to obtain the answer of an infant defendant
residing here.

BLAND, C., 18th April, 1829.—On adverting to the Act of
Assembly in relation to this matter, 1797, eh. 114, s. 5, I deemed
this proceeding erroneous: whereupon the plaintiffs on the 15th
instant filed their petition praying for a commission to three per-
sons therein named, and again submitted their case upon the
notes of their solicitor, which with the proceedings were read and
considered.

According to the English course of proceeding it would seem to
be a general rule, that the defendant must appear in person and
swear to his answer before one of the masters in Chancery. This
* was greatly inconvenient to defendants who resided at
any distance from the place where the Court was held. 551
Hence at first as an indulgence and by a special order, but now
and for a long time past, where a defendant resides more than
twenty miles from London, or is unable to travel, it is a matter of
course to issue a dedimus potestatem to take his answer. 1 Harr.
Pra. Chan. 283; 1 Newl. Chan, 124. And the four commissioners,
to whom the dedimus is directed, are named by the parties, and
approved in like manner as commissioners for taking testimony;
any three or two of whom are to take the answer. 1 Harr. Pra.
Chan. 288.

With regard to an infant defendant, however distant within the
kingdom he may reside, he must be brought in; because the Court
must see, from inspection and observation, that he is an infant, for
whom it is necessary, that a guardian should be appointed by
whom he may answer. But if the infant be abroad, or unable to
attend, a commission must go to appoint a guardian and take his
answer by such guardian. The dedimus or commission, in such
case is similar; the four commissioners are appointed in the same
way as, and it is executed in all respects like, that which goes to
take the answer of an adult defendant who resides more than
twenty miles from London. Marlborough v. Marlborough, 1 Dick.
74; Jongsma, v. Pfiel, 9 Ves. 357; Tappen v. Norman, 11 Ves. 563.