CHANCERY 569

devise, use or trust in any lands or chattels real, may claim a decree for a
demise under the preceding section.

An. Code, 1924, sec. 64. 1912, sec. 62. 1904, sec. 58. 1888, sec. 53. 1831, ch. 311, sec. 3.

68. 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.

An. Code, 1924, sec. 65. 1912, sec. 63. 1904, sec. 59. 1888, sec. 54. 1831, ch. 311, secs. 4, 5.

69. 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 considering 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 ap-
ply to the court for a decree under this section, but it must appear affirmatively that a
demise would promote the interests of all parties concerned. 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).

An. Code, 1924, sec. 66. 1912, sec. 64. 1904, sec. 60. 1888, sec. 55. 1831, ch. 311, secs. 6-13.

70. 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 defendants 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 proceeded 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, sec. 12 (see
section 159), and should be construed in connection with it. Billingslea v. Baldwin, 23
Md. 115; Tolson v. Bryan, 130 Md. 342.

See sec. 137 et seq. See notes to sec. 63.

An. Code, 1924, sec. 67. 1912, sec. 65. 1904, sec. 61. 1888, sec. 56. 1835, ch. 367, sec. 2.

71. 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 real in which such
infant has .any estate, interest, trust or property or benefit, for other real
estate or chattels real, or interest, trust or property therein; and the court,
in decreeing such exchange, may not require equality or sameness in the
quantity or character of the estate or interests, and the court may appoint
trustees to execute the deeds necessary to carry such exchange into effect.

An. Code, 1924, sec. 68. 1912, sec, 66. 1904, sec. 62. 1888, sec. 57. 1816, ch. 154, secs. 5, 6, 7.

1886, ch. 281. 1890, ch. 18.

72. When the real estate or leasehold property of an infant or in which
an infant is interested has been, or may hereafter be, sold upon the appli-
cation of his guardian or prochein ami, or by virtue of or under a decree of