TITLE L CHAP. VIII. Of Proceedings in Special Cases. TITLE 1. Of the bringing and maintaining of suits by poor persons. TITLE 3. Of suits by and against executors and administrators, and TITLE 4. Of proceedings by and against corporations, and public bodies having certain corporate powers, and by and against officers representing them. TITLE 5. Of suits against sheriffs, surrogates and other officers, on their official bonds. TITLE 6. Of actions for penalties and forfeitures; and provisions for the collection and remission of forfeited recognizances, and fines imposed by courts. TITLE 7. TITLE 8. Of proceedings for the admeasurement of dower. Of proceedings for the collection of demands against ships and vessels. TITLE 9. Of proceedings for the recovery of rent and of demised pre mises. TITLE 10.-Summary proceedings to recover the possession of land in certain cases. TITLE 11. Of distraining cattle and other chattels doing damage, and of distraining in other cases. TITLE 12. Of the action of replevin. TITLE 13. Of proceedings, as for contempts, to enforce civil remedies, and to protect the rights of parties in civil actions. TITLE 14.--Of arbitrations. TITLE 15.--Of the foreclosure of mortgages by advertisement. other low lands. TITLE 17.-General miscellaneous provisions concerning suits and proceedings in civil cases. Who may petition as such. TITLE I OF THE BRINGING AND MAINTAINING OF SUITS BY POOR PERSONS. SEC. 1. Who may petition to prosecute as a poor person. 2. Contents of petition; certificate of counsel to be annexed. 3. When court to assign counsel, &c. 4. On being admitted, to prosecute without liability for costs, &c. 5. When court may annul admission to prosecute. 6. This Title extended to suits in equity. SECTION 1. Every poor person, not being of ability to sue, who shall have a cause of action against any other, may petition the court in which such action is depending, or in which it is intended to be brought, for leave to prosecute as a poor person, and to have counsel and attorneys assigned to conduct his suit.1 (1) 1 R. L. p. 524, § 21. $ 2. Such petition shall state, 1. The nature of the suit brought, or intended to be brought : TITLE 2. Contents of 2. That the applicant is not worth twenty dollars, excepting the petition. wearing apparel and furniture, necessary for himself and his family, and excepting the subject matter of the action, when not in possession thereof: counsel. And shall be verified by his own affidavit, and supported by a cer- Certificate of tificate of a counsellor of the court, that he has examined the claim, and is of opinion that such poor person has a good cause of action. how to be $ 3. The court to which such petition shall be presented, if satis- When and fied of the facts alleged, and that the applicant has a meritorious cause admitted. of action, shall by rule admit him to prosecute as a poor person, and shall assign to him counsel, solicitors, attorneys and all other officers requisite for prosecuting his suit, who shall do their duty therein without taking any reward for the same.2 of admission. $ 4. Every person so admitted, may prosecute his suit without Consequence paying any fees to any officers or ministers of justice; and shall not be prevented from prosecuting the same, by reason of his being liable for the costs of any former suit brought by him against the same defendant; and if he be non-suited, or a verdict or judgment be given against him, or his bill be dismissed, or a decree be rendered against him, he shall not be liable for any costs in such suit.2 be annulled. S5. If the person so prosecuting, be guilty of any improper con- When it may duct in the prosecution of his suit, or of any wilful or unnecessary delay, the court may, in its discretion, annul the order admitting him to prosecute as a poor person; and he shall thereafter be deprived of all the privileges conferred by such order. S6. The provisions of this Title shall apply to suits in courts of Suits in equity, as well as to actions in courts of law. equity. TITLE II. PROCEEDINGS BY AND AGAINST INFANTS. SEC. 1. Infants entitled to maintain suits in all cases. 2. But next friend to be appointed for them. 3. By whom to be appointed in the different courts. 7. Order for appointment, when and where to be filed. 9. How and by whom made, when and where filed. S1. When an infant shall have any right of action, to recover real Right of inproperty or the possession thereof, or to recover any debt or dama- suits. (2) 1 R. L. p. 524, § 21. fant to bring TITLE 2 Next friend to be appoint. ed. By whom. Upon what papers, &c. When bond may be required. When to be filed, &c. Order to be filed. Guardian for defendant. How appointed. ges, $2. Before any process shall be issued in the name of an infant, who is sole plaintiff in any suit, a competent and responsible person shall be appointed to appear as next friend for such infant in such suit, who shall be responsible for the costs thereof.4 $3. Such appointment shall be made as follows: 1. If the suit is intended to be brought in chancery, by the chancellor, a vice-chancellor or any master: 2. If intended to be brought in the supreme court, by a justice thereof, circuit judge, or supreme court commissioner : 3. If intended to be brought in any other court, by a judge of such court. S4. It shall be made on the petition of the infant, and the written consent of the person proposed to be next friend to such infant, duly acknowledged before, or proved to, the officer making the appoint ment. $5. Before any person shall be appointed next friend for an infant, in any suit to recover any debt or damages, he shall, if required by the officer to whom application for such appointment shall be made, execute a bond to such infant, in a penalty at least double the amount claimed in such suit, with such sureties as shall be approved by such officer, conditioned that such next friend shall duly account to such infant for all monies which may be recovered in such suit. $6. Such bond shall be delivered to such officer before the appointment shall be made, and shall be by him filed in the office of the surrogate of the county in which such infant resides; and such officer shall be entitled to demand and receive from such next friend, the fee allowed to the surrogate for filing such bond, to be paid to him. § 7. The order for the appointment of a next friend, shall be filed in the office of a clerk of the court, before any bill or declaration shall be filed in such cause. $8. After the issuing of process against any infant defendant, by which he shall have been arrested, the suit shall not be any further prosecuted, until a guardian for such infant be appointed. $9. Such appointment shall be made upon the request of such defendant, and on the written consent of any competent person proposed as guardian, by any judge of the court, or by any judge or commissioner authorised to perform the duties of a judge of such court, in vacation; and shall be filed in the office of a clerk of the court, before any plea by such infant shall be filed. (3) 1 R. L. p. 87, § 25. (4) Ib. p. 416, § 2. ART. 1. Proceedings $10. If such infant defendant neglect, for twenty days after the return day of the process by which he was arrested, to procure the appointment of a guardian to defend the suit, the plaintiff may obtain to compel an order from a judge of the court, requiring such infant to procure the appointment of a guardian, within ten days after service of such order. $ 11. If a guardian be not appointed within the time specified in such order, the judge or officer granting the same, shall appoint some discreet person to be guardian for such infant, in the defence of such suit. Ib. $12. No person appointed guardian for the purpose of defending a Liability for suit against an infant, shall be liable for the costs of such suit, unless costs. specially charged by the order of the court for some personal misconduct in such cause. TITLE III. [Sce on the same subject, OF SUITS BY AND AGAINST EXECUTORS AND ADMINISTRATORS, AND ante, p. 113, AGAINST HEIRS DEVISEES AND LEGATEES. ART. 1.-Of suits by and against executors and administrators. ART. 2.-Of suits by and against legatees, and against next of kin, heirs and devisees, and between heirs and devisees. ARTICLE FIRST. Of Suits by and against Executors and Administrators. SEC. 1. Actions for wrongs may be brought by and against executors, &c. 2. Certain actions excepted from last section. 3. Executors, &c. not to be held to bail, except for waste. 4. Nor then without special order. 5. Appearance by one of several executors, &c. 6. Effect of judgment upon executors, &c. not appearing. 12. Judgments against executors not to bind real estate of testator, &c. 14. How far their inventory may be rebutted by proof. 15. For what demands, executors, &c. to be liable. 16. Executors, &c. not to be deprived of proofs they may now make. Title 5, ch. 6, 2nd part.] wrongs. $1. For wrongs done to the property, rights or interests of another, Actions for for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators, against such wrong-doer, and after his death against his executors or administrators, in the same manner and with the like effect in all respects, as actions founded upon contracts. TITLE 3. Exceptions. Holding to bail. order. Appearance by one of se tors, &c. $ 2. But the preceding section shall not extend to actions for slander, for libel, or to actions of assault and battery, or false imprisonment, nor to actions on the case for injuries to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator. S3. No executors or administrators shall be held to bail, in any action against them, in their representative character, unless such action be brought to charge them with waste. $ 4. Nor shall they be held to bail in such action, unless upon an order of a judge of the court in which such action shall be brought, founded upon an affidavit of the facts and circumstances to support such charge. $5. In actions against several executors or administrators, they veral execu- shall all be considered as one person representing their testator or intestate; and such of them as shall be first served with process, or as shall first appear in the action, shall answer the plaintiff. Judg ment shall be rendered, and in the cases where execution may be issued against the property of the testator or intestate, it shall be awarded against such as shall have appeared, and the others named in the first process, in the same manner as if they had all appeared.5 Effect of judgment. Construction of preceding $6. But no judgment rendered in such action, by default or otherwise, shall be deemed evidence of any admission of assets, in the hands of any executor or administrator, who was not served with process in such action, or who did not actually appear therein. S7. The preceding section shall not deprive any plaintiff of the sections. usual remedies, to bring into court all the executors or administrators against whom the action is brought.5 actions a Limitation of $ 8. The term of eighteen months after the death of any testator gainst them. or intestate, shall not be deemed any part of the time limited by law for the commencement of actions against his executors or adminis Ib. of actions by them. Falso pleading. Executors of executors. trators. $9. The time which shall have elapsed between the death of any person, and the granting of letters testamentary or of administration, on his estate, not exceeding six months, and the period of six months after the granting of such letters, shall not be deemed any part of the time limited by any law for the commencement of actions, by executors or administrators. $10. No executor or administrator shall be made personally liable for any debt, damages or costs, by reason of his having pleaded any false plea. $ 11. An executor of an executor, shall have no authority to commence or maintain any action or proceeding relating to the estate, ef (5) 1 R. L, p. 313, § 12. |