554 SNOWDEN v. SNOWDEN,

considered as the settled practice, to let a commission go to one
commissioner only within the State to appoint a guardian and take
the answer of an infant defendant; which has been found to be so
cheap and convenient a method, that I have never known a com-
mission, in my time, to be issued for that purpose to more than
me commissioner within the State.(q)

In England, when an infant defendant resides out of the juris-
diction of the court, a commission may be sent abroad to appoint a
guardian and take his answer, and on a supplemental bill being
afterwards filed the same guardian may be authorized to answer
for him.(r) But no instance has been shewn, prior to the year
1797, in which a commission has issued from this court, to obtain
the answer of an infant defendant beyond the jurisdiction of
the court, to a single commissioner only. In the case cited,(s)
the bill was filed to obtain a conveyance of lands in specific I
performance of a contract; it was stated in the bill, that the
infant defendants lived in Adams county in Pennsylvania; and
subpoenas were prayed generally. Upon which a commission was,
on the 14th of December 1802, issued to one commissioner only in
Frederick county in this State, which is conterminous with Adams
county in Pennsylvania; who in pursuance thereof appointed a
guardian, stated to be of Frederick county, by whom the answers
were taken and returned. The inference from this case is, that it
was believed to be more convenient thus to send the commission
to one commissioner in Frederick than to four in Pennsylvania.

Such appears to have been the understanding of the profession
as to the practice when the legislature declared, that in cases of
partition, the Chancellor on the complainant's motion may direct a
commission to issue unto three persons such as he shall approve,
authorizing them or any two of them to go to the infant and
appoint a guardian for the purpose of answering and defending
the suit, and authorizing them likewise to take the answer and
return it to the court.(t) Which provision was afterwards extended
to cases where all the persons reside out of the State. And it has
been also provided, that in case of lands in this State descending
to minors residing out of this State, on a bill filed by the prochdn
ami of any such minor, a commission may be issued to three per-

(q) Brown v. Brooker, MS. October 1800, &c. &c.~(r) Jongsma v. Pfiel, 9 Ves.
357; Lushington v. Sewell, 6 Mad. 28.—(s) Diffendall v. Diffendall, Chan, Proc, lib.
S. H. H. No. 7, fol. 148,155.—(t) 1797,ch. 114, s. 5.