any judge or commissioner, authorized 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." "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 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."10 "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." costs. No person appointed guardian for the purpose of defending Liability for a suit against an infant, is liable for the costs of such suit unless specially charged by the order of the court for some personal misconduct in such cause.12 A next friend or guardian cannot be removed without application to the court.13 There should be an entry of the admission of the next friend, or guardian, on the record; and where a change is made, pending the suit, that fact ought to be stated by an entry on the record.14 If If an infant plaintiff appear by attorney, it is not a ground of nonsuit at the trial, but must be pleaded in abatement.15 an infant appear by attorney, and the verdict or judgment be for him, the defeat is cured by statute.16 lunatics. An idiot, being incapable of appointing an attorney, must Idiots and appear in person, and any one who prays to be admitted as his friend may sue for him; so if an action be against him, he must appear in his proper person, SECTION II. SUITS BY POOR PERSONS. Who may petition as such. Contents of petition. When and how to be admitted. Every poor person not being of ability to sue, who has 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 attornies assigned him, to conduct his suit."9 The petition must state the nature of the suit brought, or intended to be brought; and that the applicant is not worth twenty dollars, excepting the wearing apparel and furniture necessary for himself and his family, and excepting the subject matter of the action, when not in possession thereof; and must be verified by his own affidavit and supported by a certificate of a counsellor of the court, that he has examined the claim, and is of opinion that such person has a good cause of action.20 The court to which such petition is presented, if satisfied of the facts alleged, and that the applicant has a meritorious cause of action, will, by rule, admit him to prosecute as a poor person, and will assign to him counsel, attornies, and all 17 2 Saund. 333. n. 4. 335. 18 Johns. Rep. 134. 18 18 Johns. Rep. 134. 19 R. St. P. 3. Ch. 8. T. 1. s. 1. Vol. 2. p. 444. 20 Ib. s. 2. other officers requisite for prosecuting his suit, whose duty it is to act therein without fee or reward.21 of admis Every person so admitted, may prosecute his suit without Consequence paying any fees to any officers or ministers of justice; and sion. will 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 nonsuited, or a verdict of judgment be given against him, he will not be liable for any costs in such suit.22 be annulled. If the person, so prosecuting, be guilty of any improper When it may conduct 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, upon which he will be deprived of all the privileges conferred by such order.23 SECTION III. OF ACTIONS FOR PENALTIES AND FORFEITURES. tions may be When a pecuniary penalty, or forfeiture, is specially granted What acby law to any person injured or aggrieved by any act or omis- brought. sion of another, the same may be sued for and recovered in an action of debt, or in an action of assumpsit; and if it be a forfeiture of any property, it may be sued for and recovered in an action of trover, or other appropriate action.24 a Ib. s. 3. 23 Ib. s. 4. 23 Tb. s. 5. 24 R. St. P. 3. Ch. 8. T. 6. s. 1. Vol. 2. p. 480. How prosecuted. Actions by attorney general. Penalties incurred on rivers. Every such action, it is provided, "shall be prosecuted and conducted in the same manner as other personal actions in all respects, except as herein otherwise provided; and shall be subject to all the provisions of law concerning amendments of the process, pleadings, and records therein, and concerning the abatement of such suits by death or otherwise, and all other provisions concerning personal actions not inconsistent with this title."25 It is likewise provided by statute, that "actions brought by the attorney general, or by the district attorney of any county, or by any public officer for the recovery of any penalty or forfeiture, shall also be conducted and prosecuted in the same manner as personal actions; and shall be subject to all the provisions of law concerning personal actions not repugnant to the provisions of this title. And whenever any penalty or forfeiture shall be recovered, which is not specially granted by law to the party aggrieved; or to any officer; or to, or for the use of, any county, town, or other body politic; or for the use of the poor of any place; or to any person who will prosecute; or which shall not be otherwise specially appropriated; the same shall be paid into the treasury of the state, for the use of the people thereof."26 Wher any penalty or forfeiture is imposed by law, for any offence committed on any river, lake, or other stream of water, and such river, lake, or stream is situated in two or more counties, an action for the recovery of such penalty or forfeiture, may be brought by the proper officer, in any county bordering on such river, lake, or stream, and opposite to the place where such offence was committed; and a recovery in such action will be a bar to any other suit, by any other public officer, for the same offence.27 In relation to suits by common informers, the revised statutes contain the following provisions : common in "Where any penalty or forfeiture is given by law to any Suits by person who will sue for the same, such suit shall be brought in formers. the name of the person commencing the same, who may appear by attorney; and it shall be conducted and prosecuted in all respects in the same manner as personal actions; and shall be subject to the provisions of law concerning personal actions."'28 "No such suit shall be deemed to be commenced, until process shall be actually delivered to an officer to be executed; which process shall not be redelivered to the plaintiff in any case, but shall be returned to the court from which the same issued; and no such action shall be compromised or compounded, without the leave of the court in which it shall be pending.' 1929 Of the following provisions from the same title, some have already been noticed in connection with the subjects to which they immediately relate; but it has been thought convenient to embrace them all here, under the same head. ment on pro "Upon every process issued, for the purpose of compelling Endorsethe appearance of the defendant to any action for the recovery cess. of any penalty or forfeiture, shall be endorsed a general reference to the statute by which such action is given, in the following form: According to the provisions of the statute, regulating the rate of interest on money,' or according to the provisions of the statute concerning sheriffs,' as the case may require, or in some other general terms, referring to such statute."so brought. Every action for a penalty or forfeiture, shall be brought Where to be in the county where the act is done, upon which such penalty |