ART. 93] NON-RESIDENT GUARDIANS AND INFANTS. 2017

his defense, or on his refusal to appear, being summoned, such
information shall appear to be true, the said court shall order
the sheriff, with all possible speed, to summon a jury upon
the place where the waste shall be committed to inquire upon
their oath into the same, and of what damage such waste shall
be to such orphan, which being returned to the said court,
they are hereby required to oblige the guardian to give security
for double the damages that shall be assessed by such jury, and
in case of refusal, to commit such guardian to prison, there to
remain until he shall comply with their order therein.

Guardians and Infants not Residing in this State.

1888, art. 93, 1860, art. 93, sec. 195. 1853, ch. 422, sec. 1.

195. Where any infant not residing in this State is entitled
to any property or estate, real, personal or mixed, or to any
debts or choses in action in this State, or due by or recoverable
from any person or persons, corporation or corporations in
this State, or from any estate upon which letters testamentary
or of administration have been granted in this State, having
no guardian appointed in this State, but having a guardian
appointed in the State, district or territory in which the
infant resides, duly qualified according to the laws thereof,
and who shall there have given good and sufficient security
for the faithful performance of his trust as such, or in
words to that effect, then, and in such case the orphans'
court of the county or city in this State in which such prop-
erty, or any part thereof, of such infant may be situated, or
where such debts or choses in action, or any part thereof may
be due or recoverable, either wholly or in part, shall pass an
order authorizing and empowering such non-resident guardian
to take into his possession such property wherever situated in
this State, and to sue for and recover such debts or choses in
action from all persons or corporations in this State, and from
all estates upon which letters testamentary or of administra-
tion shall have been granted, and to act in all respects as if
such guardian had been duly appointed by some one of the
orphans' courts in this State; provided, however, that before
any such order shall be passed, such guardian shall first file a
petition, setting forth the fact that such non-resident infant is
or claims to be entitled to such property, debts or choses in
action, as hereinbefore mentioned, and shall also give bond,