368 CHANCERY. [ART. 16

1904. art. 16, sec. 57. 1888. art. 10. sec. 52. 1860, art. 16. sec. 40. 1S31, ch. 311, sec. 3.

61. Any infant who may presumptively or apparently for the time
being entitled to any contingent or other remainder, or any executory
devise, use or trust in any lands or chattels real, may claim a decree-
for a demise under the preceding section.

Ibid. sec. 58. 1888, art. 16, sec. 53. 1860. art. 16, sec. 41. 1831. ch. 311. sec. 3.

62. Any person of full age, apparently or presumptively for the
time being entitled to any contingent or other remainder, reversion
or executory devise in the lands or chattels real, mentioned in the two-
preceding sections, may assent to a demise or a decree therefor on
behalf of such estate to which he is so presumptively or apparently
entitled.

Ibid. sec. 59. 1888, art. 16. sec. 54. 1S60. art 16. sec. 42. 1831. ch. 311. sees. 4, 5.

63. Where the owner of the particular estate for life or years, or
for other estate, is of full age, the court may, on his application, and
with the consent of all the owners of the other parts of the estate,
decree a demise; or if the person whose consent is required to authorize
a decree for a demise be an infant, or being of full age, shall refuse to
assent, the court may, if such person be made a defendant, on con-
sidering the pleadings and evidence in the case, determine whether a
decree should be made, and decree accordingly.

The tenant of any particular estate, of full age, whether in possession or
not. may apply to the court for a decree under this section, but it must appear
affirmatively that a demise would promote the interests of all parties con-
cerned. Failure of proof. Hitch v. Davis. 3 Md. Ch. 263.

Notwithstanding this section, it is more than doubtful whether there was,
any power to decree a lease of property unless an infant was Interested,
prior to the act of 1861-2, ch. 156. Long v. Long. 62 Md. 86 (dissenting
opinion).

Ibid. sec. 60. 1888, art. 16. sec. 55. 1860, art. 16. sec. 43. 1831, ch. 311. secs. 6-13.

64. The five preceding sections shall apply to cases where any or all
of the defendants are non-residents, and such non-resident defendants
may be proceeded against in the same manner as non-resident defend-
ants in other cases; provided, that non-resident infants, against whom
their guardian or next friend may file a petition or bill for the sale,
mortgage, demise or exchange of their lands or property, shall be pro-
ceeded against as directed in cases where a guardian applies for the
sale of such infant's real estate.

The act of 1831, ch. 311. is in pari materia with the act of 1785. ch. 72,
section 12 (see section 137). and should be construed in connection with it.
Billingslea v. Baldwin. 23 Md. 115.

See notes to sec. 57.

See sec. 124, et seg.

Ibid. sec. 61. 1888, art. 16. see. 56. 1860, art. 16. sec. 44. 1835. ch. 367. sec. 2.

65. Upon the application of the guardian or next friend of an
infant, the court may, if it appears for the benefit and advantage of
such infant, authorize and decree an exchange of real estate or chattels.