89. In every suit in chancery by bill or petition
where the defendants, or any of them shall be infants
residing out of this state, in any other of the United
States, or where application is made by the guardian
or prochein amy of any non-resident infant,, to sell,
lease, mortgage or exchange the real or personal
property of such infant on the prayer or petition of
the complainant or petitioner a commission may be
issued, without any previous process or notice, to
any two persons in the discretion of the judge of the
court in which such suit is brought, who reside near
such infant, authorizing them, or either of them, to
appoint a guardian to answer for such infant or
infants, and take answer of such infants by their
said guardian, and the said judge may prescribe the
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1864, c 86.
How answer of
non-resident
infant defend- .
ant taken.
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