400 CHANCERY. [ART. 16

with; or by delivering a copy of the same to such party; and in case
the party be an infant or non compos mentis, in addition to the service
on such party, a copy of the process or order shall be left with the
parent or guardian of the infant, if there be one within the jurisdiction
of the court, and with the committee or other person having the care of
the person or estate of the party alleged to be non campos mentis; and
such service shall be specially certified in the return by the officer
making the service.

1904, art. 16, sec. 137. 1888, art. 16, sec. 124. Rule 9.

146. Upon return of process as served, or upon proof of due pub-
lication of the order of publication as against non-resident defendants,
the court shall, in case of infant or non-sane defendants, on application
of the plaintiff, or any other party concerned, by order, either require
the legal guardian or committee of the infant or non-sane defendant
(if there be such guardian or committee within the jurisdiction of the
court) to appear, answer and defend for such party, or appoint a guar-
dian ad litem to answer and defend the suit for such party; and in
appointing guardians ad litem, no person shall be appointed who may
have any interest whatever involved in the suit adverse to that of the
person so under disability. In any case where it may be deemed nec-
essary, the court or judge thereof may appoint a solicitor to appear and
defend for any infant or non-sane defendant. All commissions for
taking answers or to plead shall be and they are hereby abolished.

Where an alleged lunatic is a non-resident, and a copy of the petition to
declare her insane was served upon her by the order of a county judge in
New York and before the petition was filed here, no sufficient service is had
upon her. This section referred to in construing section 118—see notes
thereto. Wills v. Hodson. 79 Md. 329.

The authority of the court to appoint a solicitor for infant defendants
under this section, upheld. Prince de Beam v. Winans. 115 Md.——

Ibid. sec. 138. 1888, art. 16. sec. 125. Rule 10.

147. All infants and other persons under any disability to sue may
sue by their guardian or committee, if any, or by their prochein and;
subject, however, to such orders as the court or judge thereof may
direct for the protection of infants and other persons; but before the
name of any person shall be used in any suit to be instituted, as next
friend of any infant or other party, or as relator in any information,
such person shall sign a written authority to the solicitor for that pur-
pose, and such authority shall be filed with the bill or other proceed-
ing.

This section referred to in deciding that the orphans' court may remove a
next friend. Reichard v. Izer, 95 Md. 466.

Cited but not construed in Sloan v. Safe Deposit Co.. 73 Md. 244.

Ibid. see. 139. 1888. art. 16, sec. 126. Rule 11.

148. Defendants shall have fifteen days from the time of the return
of process served, within which to enter an appearance, before they
shall be treated as in default for non-appearance; and from the time of
appearance entered, said defendants shall have twenty days within
which to answer; and it shall be the duty of the clerk, in all cases in