61 CHANCERY. [ART. 16

such person non compos mentis to be accepted, and the same to
be demised anew on such terms and conditions as the court may
direct.

Dugan v. Mayor, &c., 70 Md. 1. Benson v. Benson, 70 Md. 257. Mumma
v. Brinton, 77 Md. 200.

1894, ch. 221.

100. In all applications by a guardian, committee or trustee
of the property of a person non compos mentis to sell any of the
real, leasehold or personal property of such person non compos
mentis, or to demise any of the real or leasehold property of
such person non compos mentis, or to accept the surrender of
lease thereof, the court shall, before passing an order or decree,
have proof taken as in other chancery cases as to the value, quan-
tity and condition of the property, and after considering all the
circumstances, if the court shall deem it to the interest and advan-
tage of such person non compos mentis, it may order or decree a
sale, lease or surrender of a lease of the whole or any part of the
said property on such terms and conditions as the court may pre-
scribe.

1896, ch. 33.

104 A. In case of application by petition of a person who has
been adjudged a lunatic or non compos mentis to have the com-
mission superseded on the ground of recovery or restoration to a
sound state of mind and capacity to manage his affairs, the
petitioner shall be entitled to have the question submitted to a
jury empaneled under the order of the court for the purpose,
whose verdict shall be binding on the court, unless set aside for
cause.

Non-Residents.

1892, ch. 637

111. In cases where it is unknown whether a non-resident be
living or dead the bill may be filed against him as if living, and
in cases where the non resident is dead and it is unknown whether
he left any heirs or if the heirs be unknown, then the bill may
describe such unknown heirs as the heirs of the person who, if
living, would be a proper party, and in cases where a non-resident
is dead and no letters testamentary or of administration have
been granted in this State, and if it is unknown whether such