Chancery suit, so far as respects what may be called the ordinary proceedings, we shall proceed to point out in what respects that practice varies from particular circumstances, and also to state those proceedings which are usually incidental to the suit, and which are not here included under the term ordinary, because they are only incidental to certain suits under particular circumstances.

CHAPTER II.

VARIATIONS IN THE PRACTICE, ARISING FROM PECULIARITIES IN PARTIES.

Objects of Suits by Infants-Next Friend-Proceedings where several Suits instituted with the same Object-Appearance by Infant Defendant-Appointment of Guardian-Answer by Guardian-Decree against an Infant-Proceedings against Peers-Letter Missive-How to enforce Appearance by a Peer-How to compel him to put in Answer-How put inSuits by and against Married Women-Joining Husband Compelling Answer-Suits by and against Lunatics or Idiots -Where Guardian must be appointed-How appointedHow Answer by Guardian taken-Suits by and against Corporations-When individual Members made DefendantsInformations-Relator-Information and Bill-Proceedings

on Informations.

AN infant may in equity, as at law, commence a suit for the purpose of enforcing any rights he may have; but it often happens that suits commenced by infants are not brought for the purpose of enforcing rights adversely, but in order that the property or estate of the infant may be administered by the Court of Chancery, where those parties (usually executors or trustees) who would otherwise have the management of it, are desirous for their own satisfaction and indemnity, or for other reasons, that it should be administered under the direction of the Court; these suits are in general amicable; but where executors or trustees have committed any breach of trust, or in their conduct have shown gross negligence or inattention to the duties of their office, so as to injure or endanger the property or estate of the infant, an

adverse suit may be instituted against them in the name of the infant; and in such cases, where their own misconduct has rendered the suit necessary, they will be ordered personally to pay the costs of it. Where an infant is possessed of property, and files a bill in equity in respect of that property, so as to bring it under the administration of the Court, he becomes a ward of Court, and frequently this is the only object of filing the bill, this being the means by which an infant is made a ward of Court. Other objects of bills by infants are to effect the sale of estates when necessary, to provide for the payment of debts, legacies, and annuities, and for the maintenance and education, and otherwise for the benefit of the infant during his or her minority.

Where a bill is to be filed by an infant, or where an infant is one of several plaintiffs in a suit, he must sue by his next friend, or, as it is termed in legal language, his prochein amy; this is usually his father, or some near relation. But if the father or the infant's nearest relations are the parties who are to be defendants in the suit, or if they refuse to act as next friend to the infant in instituting it, any other person may institute the suit as the infant's next friend. As however the next friend is liable to the costs of the suit in the same manner as the infant would be were he of full age, he should be of sufficient substance to be able to answer the costs; and if the defendant can ascertain and prove the contrary, he may obtain an order for security for costs. As the next friend is thus in some degree interested in the result of the suit, he will not be a competent witness in it, and therefore no person whose evidence is likely to be necessary for the infant, should be the next friend; though if this have been overlooked, he may afterwards be removed by means of a petition or motion to the Court, and another next friend substituted, and he will then be a competent witness. The next friend may in like manner be removed if he do not duly prosecute the cause,

though he cannot, as a matter of course, get himself removed and another person substituted, but his conduct must be submitted to the investigation of the Court. If the next friend die, it is the duty of the plaintiff's solicitor to procure some person to be substituted in his stead, which is done by motion or petition; if he do not take this step, the opposite party may do it.

It sometimes happens that more than one suit is instituted in the name of the infant by different parties, each instituting it as the next friend of the infant, (the infant's consent not being necessary to the institution of a suit in his name,) and that each suit has the same object; in such a case it is competent for any party in either suit to obtain an order for a reference to the Master, to inquire and report which suit it will be most for the benefit of the infant should be carried on. On this reference the Master takes all the circumstances into his consideration, and reports to the Court the conclusion he has come to. It is competent to the unsuccessful party to appeal to the Court against the finding of the Master, by excepting to his report; and if this appeal be successful, it is referred back to the Master to review his report, who must reconsider the matter, having the benefit of the view the Court has taken of it. When the Master's report, however, either in the first place or after exceptions, is confirmed, the suit reported in favour of, proceeds, and the other or others are stayed.

Where an infant is defendant in a Chancery suit, the plaintiff files his bill, and issues and serves the subpoena on the defendant, in the same manner as if he were an adult, and the appearance of the infant may be entered in like manner, though, as will presently be seen, he must answer by guardian. An infant defendant will generally be aware of the necessity of taking steps to defend the suit himself, or, if he be of tender years, will have friends who will do what is necessary for him; but as it may happen

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in some cases to be otherwise, and the plaintiff may be under the necessity of taking steps to compel an appearance, it is necessary to mention that in such a case the subpoena having been served on the infant, the course is to apply to the Court for an order that one of the solicitors of the Court be assigned guardian of the infant defendant, by whom he may appear, answer, and defend the suit: with a view to this application it is necessary to wait until the eight days from the service of the subpoena have expired, and then if the infant have not appeared, 1,"at least six days' notice of the application must be served upon or left at the dwelling house of the person with whom, or under whose care, he was at the time of serving the subpoena, and (in case of the infant not residing with or under the care of his father or guardian) notice of the application must also be served upon or left at the dwelling house of the father or guardian of the infant, but the Court may dispense with this last-mentioned service if it thinks fit, and of course will do so when under the circumstances such service cannot be effected. Before the application an affidavit must be made and filed, showing that the defendant is an infant that the subpoena has been duly served that the1®defendant has not appeared-that the notices have been duly served, and if the last-mentioned service be sought to be dispensed with, the affidavit should state facts to show the necessity for such dispensation. Upon this affidavit the motion is made, and the guardian is appointed if it be unopposed; it may happen, however, that the friends of the infant may in the mean time have appeared and procured one of themselves to be assigned as guardian, in which case the motion becomes unnecessary. If the infant have appeared without a guardian, and the plaintiff cannot get on w with his suit for want of the answer, which must be put in by guardian, he may, at that stage of the cause, pursue the above course to have a solicitor of the Court appointed as guardian. Supposing,

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