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WILLIAM MUIR'S EXECUTORS v. JOHN STUART'S REPRESENTATIVES.

A court of equity has the power to appoint the clerk and master of the court guardian to infant defendants, to appear and answer for them, and can exercise this power without the consent of the clerk and master.

From Halifax.

IN EQUITY.

BY THE COURT.

This power has been exercised by the Court of Chancery in England (Nels. Ch., 44; 2 Ch. Ca., 163), and no objection can be urged to the exercise of the power by our courts of equity. Much good may result to infants by a proper exercise of it, and no injury can result to the clerk and master. Let the appointment be made.

(441)

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MUIR v. STUART
(Jul 1, 1810)