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directing that the action be severed, and that the plaintiff way proceed against the other defendants. In any subsequent proceeding, the plaintiff may use, together with a cer. tiited copy of such an order, a copy of a paper constituting a part of the judgment-roll, with like effect as if it was the original.

§ 457. The last three sections do not affect a defence or 81 Hun, 294, other objection of a defondant, growing out of the failure to join in the action two or more persons jointly liable ; and, as regards the other parties to the action, persons jointly liable are regarded as one party, for every purpose contemplated by those sections.

ARTICLE THIRD,

PARTIES PROSECUTING AND DEFENDING AS POOR PERSONS

94.38. Who

may petition for leave to prosecute as a

poor person. 459. Contents of petition. 460. When and how leave grant

ed. 461. Not liable for costs and

feeg. 462. When leave may be an

Dulled.

8 463. When defendant may

petition to defend as &

poor person.
464. Contents of petition.
465. Proceedings thereon.
466, Appeal, when party prose-

cutes or defends as a poor

person.
467. Costs in favor of petitioner.

§ 458. [Am'd 1891.). A poor person, whether an adult or 49 N.Y. Supinfant, not being of ability to sue, who alleges that he has a er. Ct. (J. & cause of action against another person, may apply by peti. S.) 115. tion to the court in which the action is pending, or in which 12 Misc. 459. it is intended to be brought, for leave to prosecute as a poor 807.

9 App. Div. person, and to have an attorney and counsel assigned to conduct his action.

81 Abb. N.O.
483.
13 Miec, 76.

$ 459. [Am'd 1891.] The petition must state :

1. The nature of the action brought or intended to be 9 App. Div. brought.

607. 2. That the applicant is not worth one hundred dollars besides the wearing apparel and furniture necessary for him. self and his family, and the subject matter of the action.

It must be verifie:l by the ampliciunt's affidavit, unless the applicout is an infant under the age of fourteen yeiirs, and in that case by the affidavit of bis guardian appointed in said action, and supported by it certificate of a counstllor-at-law to the effect that he has examined the case and is of the opinion that the applicant has a good cause of action.

49 X.Y.Sup

460. The court to which the petition is presented, if er Ct. (J. & satistiet of the truth of the facts alleged, and that the appli8) 115. cant has a good cause of action, may, by ord+r, admit him to 29 Abb. N.

proseente as a poor person, and assign to him an attorney 31 Abb. n.c, and counsel to prosecute his action, who must act therein

without compensation.

C. 339.

483. 87 Hun, 362. 13 Misc. 76.

31 ALL. N.C. 46.

$ 461. A person so admitter, may prosecute his action, without paying fees to any officer; and he shall not be prevented from prosecnting the same, by reason of his being liable for the costs of a former action, brought by him against the same defendant, (and) if judgment is rendered against him, or his complaint is dismissed, costs shall not be awarded against him.

31 Abb. N.C.

420

$ 162. If a person so admitted is guilty of improper con. 147 7 Misc. duct in the prosecution of his action, or of wilful or unne

cessary 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 thereby.

463. A defendant in an action involving his right, title, or interest, in or to real or personal property, may petition the court, in which the action is pending, for leave to defend the action as a poor person, and to have an attorney and counsel assigned to conduct his defense.

$164. The petition must contain the same matters, re. 115 N.Y.520. s;e.ting the ability of the petitioner, required to be con.

tained in a petition for leave to prosecute as a poor person; and it must be supported by a similar certificate, relating to the defense.

$ 465. T'he provisions of this article, relating to the order, to be made upon an application for leave to prosecute as a poor person, and the proceedings subsequent therelo, apply to the order and subsequent proc-edings, upon an application for leave to defend as a poor person.

$ 466. Ao order, made as prescribed in this article, does 38 Hun, 301. not authorize the petitioner to take or maintain an asıpeal, as a poor person ; but where an appeal is taken by the adverse party, the order is applicable, in favor of the petitioner, as respondent in the appeal.

467. Where costs are awarded in favor of a person, who has been admitted to prosecute or defend as a poor person as prescribed in this article, they must be paid over to his attorney, when collected from the adverse party, and distributed among the attorney and counsel assigned to the poor person, as the court directs.

ARTICLE FOURTH.

INFANT PLAINTIFFS AND DEFENDANTS.

$ 468. Right of infant to bring

action 469. Guardian for infant plain.

tiff must be appointed. 470. Application therefor. 471. Application for appoint

ment of guardian for in.

tant defendant. 472. Guardian. how appointed.

Clerk, when to act. 473. Guardian for absent in.

fant defendant.
$ 474. Guardian not to receive

property until security

given.
475, Security.
476, Last two sections not to

apply to general guard

ian.
477. Liability of defendant's

guardian for costs.

$ 468. Where an infant has a right of action, he is en- 17 Abb. N. titled to maintain an action thereon ; and the same shall not C. 425. be deferred or delayed, on account of his infancy.

$469. (Am'd 1891.] Before a summons is issued in the 46 N.Y. Supname of an infant plaintiff, a competent and responsible et ct. (J. & person must be appointed to appear as his guardian for the 82) 216, purpose of the action, who shall be responsible for the costs C. 391.

17 Abb. N. 17 Abb. N. C 100. 133 N. Y. 55.

SI Abb. N.C. thereof, except where such infant prosecutes as a poor per145; 7 Misc.

son as provided for under section four hundred and fifty. nine of this act, in which case security for costs shall not be required.

419.

17 Abb. N. 7.391

$ 470. The guardian must be appointed upon the applica

tion of the infant, if he is of the age of fourteen years, or 17 Hun, 543. upwards ; or, if he is under that age, upon the application of

his general or testamentary guardian, if he has one, or of a relative or friend. If the application is made by a relative or friend, notice thereof must be given to his general or testimentary guardian, if he has one; or, if he has none, to the person with whom the infant resides.

$ 471. [Am'd 1879.] An infant defendant must also appear by guardian, who must be a competent and responsible person, appointed upon the application of the infant, if he is

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of the age of fourteen years, or upwards, and applies within twenty days after personal service of the summons, or after Service thereof is complete, as prescribed in section four hundred and forty-one of this act; or, if he is under that age, or bezleets so to apply, upon the application of any other party w the action, or of a relative or friend of the intant. Where the application is made by a person, other than the infant, Dotice thereof must be given to his general or testamentary zuardian, if he has one within the State; or, if he has none, to the infant himself, if he is of the age of fourteen years, or upwards, and within the State; or, if he is under that age, and within the State, to the person with whom he resides.

$ 472. (Amd 1879.) The court in which the action is 34 Hun, 131 brought, or a judge thereof, or, if the action is brought in the 6 Civ. 'Pro. supreme court, the county judge of the county where the 305. aciion is triable, may appoint a guardian ad litem for an iniant, either plaintiff or defendant, as prescribed in this article. The clerk must act in that capacity for an infant defendant, where the court or the judge appoints him. No person, other than the clerk, shall be appointed a guardian ad litem, unless his written consent, duly acknowledged, is produced to the court or judge making the appointment.

$ 473. [Am'd 1877, 1889.) Where an infant defendant re- 134 N.Y. 568. sides out of the State or resides within the State and is temporarily absent therefrom, the court may, in its discretion, make an order designating a person to be his guardian ad litem, unless be, or some one in his behalf, procures such a guardian to be appointed, as prescribed in the last two sections, within a specified time after service of a copy of the order. The court must give special directions in the order, respecting the service thereol, which may be upon the infant. The summons may be served by delivering a copy to the guardian so appointed, with like effect as where a summons is served without the State upon an adult defendant, pursuant to an order for that purpose, granted as prescribed in section four hundred and thirty-eight of this act; except that the time to appear or answer is twenty days after the service of the suminons, exclusive of the day of service.

$ 474. Except in a case where it is otherwise specially prescribed by law, a gnardian, appointed for an infant, as prescribed in this article, shall not be permitted to receive money or property of the infant, other than costs and expenses allowed to the guardian by the court, until he has giren sufficient security, approved by a judge of the court, or a county judge, to account for and apply the same, under the direction of the court.

$ 475. The security must be a bond to the infant, in such penalty as the judge directs, not less than twice the sum, or the value of the property, to be received, executed by the guardian and at least two sureties approved by the judge, and filed in the office of the clerk. The infant, or any other party to the action, may afterwards apply for an order, directing a new bond to be given, with an increased penalty ; or the court may so direct, of its own motion. $ 476. The last two sections do not apply to the

general

17 Abb N guardian of the infant, who has been appointed his guardiar. C. 391. ad litem, as prescribed in this article ; but the court may, at any time, require the general guardian to give additional

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