456 BUCKINGHAM v. PEDDICORD.

state, the Chancellor may direct such proceedings as may be bast
calculated to promote substantial justice; provided, that the defen-
dant be then alive, and his answer shall have been put in before
the death of such plaintiff, (i)

But as all these modes of proceeding against absent defendants
by publication related only to adults, or to persons competent to
refuse to answer on being so warned, (j) it was necessary to pro-
vide for cases in which infants were defendants; and therefore, as
regards infants it was declared, that if a bill shall be filed against
an infant out of the state, there shall be the same proceedings, and
the Chancellor may decree as if the infant were of full age; pro-
vided, that in all cases, where a decree shall be passed against an
infant out of the state; except in those cases in which proceed-
ings against infants out of the state are already provided for by
law, (k) there shall be liberty reserved for the infant, within
eighteen calendar months from the date of the decree; or within
six such months after the infant shall attain the age of twenty-one
years, to shew cause wherefore the decree ought not to have been
passed; and the bill filed for shewing cause shall be against the
original plaintiff, or those claiming under him, on which the Chan-
cellor shall direct proceedings by subpoena, or such notice as he
shall think proper of the substance and object of the bill, by a
day limited, not less than four months after notice, for the defen-
dant to file an answer to such bill of revision, which if not filed,
the Chancellor may proceed to a revision of the decree before
passed, or direct proofs ex parte to be received as evidence in ad-
dition to the former proceedings; and in case of the defendant's
appearing to such bill of revision, additional evidence and pro-
ceedings may be had, and the Chancellor shall pass such decree
as circumstances and the equity of the case may require. (I)

All these newly prescribed modes of proceeding, by publication
against adult and infant defendants applied, however, to none other
than original and regular proceedings in equity, and therefore, in
relation to all interlocutory petitions in chancery, as well as to peti-
tions of all other kinds addressed to it, or to any other of the
courts of justice, it has been declared, that in all cases of peti-
tions, instituted in any of the courts of this state, to which a non-
resident may be a party, such court, upon being satisfied of such

(i) 1799, ch. 79, s. 3.—( j) Carew v. Johnston, 2 Scho. & Left. 292.—(k) 1789,
ch. 46; 1790, ch. 38; 1797, ch. 114, s, 5; 1832, ch. 302, s. 9.—(l) 1799, ch. 79, s. 4.