ART. 16.] CHANCERY—PLEADING, PRACTICE, PROCESS. 173

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 compos mentis; and such
service shall be specially certified in the return by the officer
making the service.

Rule 9.

124. Upon return of process as served, or upon proof of due-
publication of the order of publication as against non-resident
defendants, the court shall, in case of infant or non-sane defend-
ants, on appllcation 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 com-
mittee within the jurisdiction of the court) to appear, answer and
defend for such party, or appoint a guardian ad litem to answer
and defend the suit for such party; and in appointing guardians
ad Utem, 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 necessary,
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.

Rule 10.

125. All infants and other persons under any disability to sue,
may sue by their guardian or committee, if any, or by their pro-
chein ami; subject, however, to such orders as the court or judge
thereof may direct for the protection of infants and other per-
sons ; .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 purpose, and such authority shall
be filed with the bill or other proceeding.

Rule H.

126. 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