CHANCERY. 485

An. Code, sec. 125. 1904, sec. 118. 1888, sec. 106. 1795, ch. 88, sec. 1. 1842, ch. 216, sec. 1.
131. In all cases in chancery, if any person non compos mentis and
not residing in this State is a defendant, the court may order notice to
be given to such non-resident, by publication in some newspaper, to appear
and answer such bill or petition, and upon the failure of such non-resident
to appear and answer the bill or petition, such decree may be passed as
the circumstances of the case may require; provided no decree shall pass
unless the allegation in the bill or petition are fully proved, under a com-
mission to be issued for that purpose, or before one of the examiners of the
court; the court shall assign a solicitor for such non-resident defendant
to cross-examine the witnesses, which solicitor shall be paid by the plaintiff,
or out of the estate of the defendant, at the discretion of the court.

An. Code, sec. 125A. 1914, ch. 708. 1920, ch. 662, sec. 125A.

132.1 In all cases in chancery where a non compos mentis owns property
in this State and is a non-resident, and a guardian, committee or trustee
has been appointed for said lunatic in a foreign jurisdiction, either with
respect to his real or personal property, and has qualified under the author-
ity of a competent tribunal in said foreign jurisdiction, an exemplified
copy of such qualification and appointment shall be full proof in the Courts
of this State of the legality of the appointment and qualification of such
guardian, committee or trustee, and the Court, upon a bill or petition of
such guardian, committee or trustee, shall order a sale or sales of the prop-
erty of such non compos mentis located within this State, if it shall appear
to the Court to be for the best interest of such non compos mentis, either
at public or private sale, but before a confirmation of such sale shall be
made it shall affirmatively appear to the Court that a notice to creditors, in
the usual form followed in equity, to file claim, if any they have, has been
given by public notice in one or more newspapers published in the city or
county where the property lies, for at least thirty days, and in all other
matters and things the usual practice as to sales in equity shall be followed.
After the audit has been stated and confirmed the Court shall, upon proper
application by the guardian, committee or trustee, direct that the net pro-
ceeds of any sale or sales be transferred to the foreign jurisdiction wherein
the non compos resides and the guardian, committee or trustee was
appointed.

An. Code, sec. 126. 1904, sec. 119. 1888, sec. 107. 1773, ch. 7, sec. 4. 1787, ch; 30, sec. 3.
1792, ch. 41, sec. 5. 1795, ch. 88, see. 1. 1799, ch. 79, sec. 4.

133. Where a decree has passed for the specific execution of any con-
tract or agreement for the sale or conveyance of real or personal estate, or
any interest therein against a non-resident defendant, without his having
answered, such non-resident may file a bill of review at any time within
twelve months after the date of the decree; and if such non-resident be an
infant, he may file a bill of review at any time within twelve months after
he arrives at age; or if such infant dies under age, his heir or other repre-
sentative may file a bill of review at any time within twelve months after

1 The title and enacting clause of ch. 662 of 1920 provide for repealing and amending
sec. 118A as enacted by ch. 708 of 1914, but sec. 125A was apparently intended.