388 CHANCERY. [ART. 16

mentis, the court may decree that the property of such non compos
mentis, or so much thereof as may be necessary, be sold for the support
of such nan compos mentis, or for the payment of all reasonable and
just expenses which said trustee may have incurred.

Property of the lunatic may be sold to pay taxes and his living expenses
without the formalities (prior to the act of 1894, ch. 221) prescribed by
section 118. Estate of Dorney, 59 Md. 70. Willis v. Hodson, 79 Md. 330.

Cited but not construed in Williams' Case. 3 Bl. 192. Campbell's Case, 2
Bl. 224.

1904, art. 16, sec. 115. 1888, art. 16, sec. 104. 1860, art. 16, sec. 87.
1797, ch. 114, sec. 7. 1813, ch. 21.

122. The court may, on the application of any trustee of a person
nan compos mentis, and receiving proof that it is necessary and proper
to confine such person, direct such trustee to send the person under his
charge to any hospital in the vicinity of the city of Baltimore, pro-
vided he can be there received, to remain until the further order of the
court.

Ibid. sec. 116. 1896, ch. 33, sec. 104 A.

123. In case of application by petition of a person who has been
adjudged a lunatic or non compos mentis to have the commission super-
seded on the ground of recovery or restoration to a sound state of mind
and capacity to manage his affairs, the petitioner shall be entitled to
have the question submitted to a jury empaneled under the order of
the court lor the purpose, whose verdict shall be binding on the court,
unless set aside for cause.
See notes to sec. 114.

Non-Residents.

Ibid. sec. 117. 1888, art. 16, sec. 105. 1860. art. 16. sec. 88. 1773, ch. 7, sec. 3.

1785, ch. 72, sec. 30. 1787, ch. 30, sec. 1. 1789. ch. 46. 1795, ch.

88. sec. 1. 1799, ch. 79, sec. 1. 1818, ch. 193, sec.

11. 1842. ch. 206. sec. 2.

124. If in any suit in chancery, by bill or petition, respecting, in
any manner the sale, partition, conveyance or transfer of any real or
personal property lying or being in this State, or to foreclose any mort-
gage thereon, or to enforce any contract or lien relating to the same, or
concerning any use, trust or other interest therein, any or all of the
defendants are non-residents, the court in which such suit is pending
may order notice to be given to such non-residents, of the substance and
object of such bill or petition, and warning them to appear by a day
therein stated.

Generally.

A decree that a party is entitled to a conveyance from a non-resident,
may be made effective by the appointment of a trustee under section 95. and
to that end the proceedings are in rem. Hollander v. Central Metal Co., 109
Md. 149

Where the clerk of the court has trust money in his hands, the court has
jurisdiction over such money and may proceed against the trustee as a non-
resident. Such a proceeding is in rem. Chappell v. Clarke. 94 Md. 182.