ART. 16] INFANTS. 397

1888, art. 16, sec. 62 1868, ch. 249.

67. Whenever, upon the petition of any infant, by his guar-
dian or next friend, a decree has been passed, or shall here-
after be passed, for the sale of the lands, tenements, or real
estate of said infant, or of his interest in the same, and a sale
thereof has been or shall be made in pursuance of said decree,
which said sale has been or shall be confirmed by the court in
which such decree was had, and it shall appear that there was
a failure to summon said infant, and to have him answer by a
guardian duly appointed, it shall and may be lawful for the
circuit courts of this State, sitting as courts of equity, to con-
firm said sale, and all proceedings had thereon, upon the
petition of the guardian or next friend of such infant, or upon
the petition of any party having an interest in said sale, and
after summoning such infant, and his appearance by guardian,
to, be appointed by said courts, and such other proceedings
had as required for a decree for sale of infants' real estate;
provided, upon a hearing and examination of all the circum-
stances, it shall appear to said courts that said sale was fairly
and bona fide made, and that at the date of said decree it was
for the benefit and advantage of said infant to sell said lands,
tenements and real estate or for his interest in the same; and
upon the confirmation of said sale, all the proceedings had in
pursuance of said decree and in conformity thereto, including the
deeds of the trustees theretofore made or thereafter to be made,
shall be as valid and binding upon all parties, and shall confer
as good title upon the purchasers as if the proceedings upon
which the original decree was passed had been in strict con-
formity to the requirements of law. *

*As to constitutionality of this section see Roche v. Waters, 72 Md. ' 264.

1892, ch. 244, sec. 62A.

68. The several equity courts of this State, upon the
application of any person residing in the city or county where
such application is made, shall have power to pass a decree
declaring any minor child the adopted child of the petitioner,
upon such reasonable notice to the parent or parents, guardian,
or guardians, of such child, if any there be, by summons,
order of publication or otherwise, as the court may order to
be given, provided that the court passing the decree shall
become satisfied, upon careful investigation, that the best
interests and welfare of such child will be thereby promoted,
and provided further, that the child, ' if of sufficient intelligence
and capacity to give an understanding assent shall so desire.