1. The nature of the action brought or intended to be brought. 2. That the applicant is not worth one hundred dollars besides the wearing apparel and furniture necessary for himself and It must be verified by the applicant's affidavit, unless the appli- cant is a minor under the age of fourteen years, and in that case by the affidavit of his guardian appointed in said action, and supported by a certificate of a counselor at law to the effect that he has examined the case and is of the opinion that the § 104. Contents of petition.-The petition must state: 1. The nature of the action brought or intended to be brought, and the interest of the petitioner therein. 2. That the applicant is not worth one hundred dollars besides the wearing apparel and furniture necessary for himself and his family, and the subject matter of the action. It must be verified by the applicant; or if he be under the age of fourteen years, by his guardian ad litem; and must be sup- ported by a certificate of a registered attorney to the effect that he has examined the case and is of the opinion that the applicant § 105. When and how leave granted. The court to which PROPOSED ALTERNATIVE SECTION. § 105. When and how leave granted.-The court to which the petition is presented, if satisfied of the truth of the facts alleged, and that the applicant has a good cause of action or defense, may, by order, admit him to prosecute or defend as a poor person, and assign to him an attorney and counsel to conduct his action or defense, who must act therein without compensation. [Code, § 460, modified in conformity with other sections, so as to include leave to defendant as well as to plaintiff.] § 106. Not liable for costs and fees.-A person so admitted, may prosecute his action, without paying fees to any officer; and he shall not be prevented from prosecuting the same, by reason of his being liable for the costs of a former action, brought by him against the same defendant. If judgment is rendered against him, or his complaint is dismissed, costs shall not be awarded against him. [Code, § 461, without change.] PROPOSED ALTERNATIVE SECTION. § 106. Not liable for costs and fees.-A person so admitted may prosecute or defend his action without paying fees to any officer or juror; and he shall not be prevented from prosecuting or defending the same by reason of his being liable for the costs of a former action between the same parties. A judgment rendered against him shall not include costs. [Code, § 461.] § 107. When leave may be annulled.-If the person so admitted is guilty of improper conduct in the prosecution of his action, or of 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 thereby. [Code, § 462, without change.] PROPOSED ALTERNATIVE SECTION. § 107. When leave may be revoked. If the person so admitted is guilty of improper conduct in the prosecution or defense of the action or of wilful or unnecessary delay, the justice or court may in his or its discretion revoke the order admitting him to prosecute or defend as a poor person; and he shall thereafter be deprived of all the privileges conferred thereby. [Code, § 462.] § 108. When defendant may petition to defend as a poor person. 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 defence. [Code, § 468, without change. This and sections 109 and 110, should be omitted if the proposed alternative sections are adopted.] § 109. Contents of petition.-The petition must contain the same matters, respecting the ability of the petitioner, required to be contained in a petition for leave to prosecute as a poor person; and it must be supported by a similar certificate, relating to the defence. [Code, § 464, without change.] § 110. Proceedings thereon.-The 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 thereto, apply to the order and subsequent proceedings, upon an application for leave to defend as a poor person. [Code, § 465, without change.] § 111. Appeal, when party prosecutes or defends as a poor person. An order, made as prescribed in section one hundred and five of this article, does not authorize the petitioner to take or maintain an appeal, 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. [Code, § 466, without change.] PROPOSED ALTERNATIVE SECTION. §. Appeal, how affected by order.-A party cannot take or maintain an appeal as a poor person; but where an appeal is taken by the adverse party, an order under this article is ap plicable in favor of the petitioner as respondent on the appeal. [Code, § 466.] § 112. Costs in favor of petitioner.-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. [Code, § 467, without change.] PROPOSED ALTERNATIVE SECTION. §. Costs in favor of petitioner.-Where costs are awarded to a person who has been admitted to prosecute or defend as a poor person and collected from the adverse party, they must be paid over to his attorney and distributed among the attorneys and counsel assigned to the poor person, as the court directs. [Code, § 467.] ARTICLE IV. PLEADINGS. Section 120. Pleadings regulated by code. 1 126. Complaint; what to contain. 127. When interlocutory and final judgment may be de manded. 128. Causes of action to be separately stated. 129. What causes of action may be joined in the same complaint. 130. Defendant must demur or answer. 131. When he may demur. 132. Demurrer to complaint must specify objection. 133. Demurrer or answer to different causes of action. 134. Defendant may demur to reply. 135. When plaintiff may demur to answer. 136. Demurrer to counterclaim. 137. Demurrer to counterclaim must specify objection. 138. Amendments after decision of demurrer. 139. When objection may be taken by answer. 140. Objection; when deemed waived. 141. Answer; what to contain. 142. Counterclaim defined. 143. Rules respecting the allowance of counterclaim. 144. Judgment on counterclaim. 145. Judgment for defendant; for affirmative relief. 146. Provisional remedy under counterclaim. 147. Counterclaim by defendant in representative capacity. 148. Counterclaim; when plaintiff is executor or adminis trator. |