order or other relief, to which he would have been entitled, if he had been separately sued in the action.

456. Where a summons, issued against two or more defendants, alleged to be severally liable, is served upon some, but not upon all of them, the plaintiff may proceed against those upon whom it is served, as if they were the only defendants named therein. Where it is served upon all of them, the plaintiff may take judgment against one or more of them, where he would be entitled to judgment, if the action was against him or them alone. Where judgment is so taken, the clerk must, upon the plaintiff's application, enter an order, directing that the action be severed, and that the plaintiff may proceed against the other defendants. In any subsequent proceeding, the plaintiff may use, together with a certified 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 other objection of a defendant, 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.

458. Who may petition for leave to
prosecute as a poor person.

459. Contents of petition.
460. When and how leave granted.
461. Not liable for costs and fees.
462. When leave may be annulled.

§ 463. When defendant may petition to
defend as a poor person.

464. Contents of petition.
465. Proceedings thereon.

466. Appeal, when party prosecutes
or defends as a poor persoL.

467. Costs in favor of petitioner.

§ 458. A poor person, not being of ability to sue, who alleges that he has a cause of action against another person, may apply, by petition, to the court in which the action is pending, or in which it is intended to be brought, for leave to prosecute as a poor person, and to have an attorney and counsellor assigned to conduct his action,

$459. The petition must state:

1. The nature of the action brought, or intended to be brought.

2. That the applicant is not worth one hundred dollars, beside 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's affidavit, and supported by a certificate of a counsellor at law, to the effect that he has examined the case, and is of opinion that the applicant has a good cause of action.

$460. 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, may, by order, admit him to prosecute as a poor person, and assign to him an attorney and counsel to prosecute his action, who must act therein without compensation.

§ 461. 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, [and] if judgment is rendered against him, or his complaint is dismissed, costs shall not be awarded against

§ 462. If a person so admitted is guilty of improper conduct in the pros ecution 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 per son; 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 defence.

464. The petition must contain the same matters, respecting the abil ity 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 certifi cate, relating to the defence.

465. 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 proceed ings, upon an application for leave to defend as a poor person.

§ 466. An order, made as prescribed in 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.

§ 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.

468. Where an infant has a right of action, he is entitled to maintain an action thereon; and the same shall not be deferred or delayed, on ac count of his infancy.

§ 469. Before a summons is issued, in the name of an infant plaintiff a competent and responsible person must be appointed, to appear as hi guardian for the purpose of the action, who shall be responsible for the costs thereof.

§ 470. The guardian must be appointed upon the application of the infant, if he is of the age of fourteen years, or 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 testamentary 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 guard.

ian, who must be a competent and responsible person, appointed upon the application of the infant, if he is 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 neglects so to apply, upon the application of any other party to the action, or of a relative or friend of the infant. Where the application is made by a person, other than the infant, notice thereof must be given to his general or testamentary guardian, 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. The court in which the action is brought, or a judge thereof, or, if the action is brought in the supreme court, the county judge of the county where the action is triable, may appoint a guardian ad litem for an infant, 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.] Where an infant defendant 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 he, 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 thereof, which may be upon the infant. The summons may be served by delivering a copy to the guardian so appointed, with kike 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 summons, exclusive of the day of service.

§474. Except in case where it is otherwise specially prescribed by law, a guardian, 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 given 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 prop erty, 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 guardian of the infant, who has been appointed his guardian ad litem, as prescribed in this article; but the court may, at any time, require the general guardian to give additional security for the faithful discharge of his trust, before receiving money or property of the infant, under a judgment or order in the

action.

477. A person appointed guardian, as prescribed in this article, for an infant defendant in an action, is not liable for the costs of the action, unless specially charged therewith by the order of the court, for personal misconduct.

CHAPTER VI.

PLEADINGS IN COURTS OF RECORD, INCLUDING COUN TER-CLAIMS.

TITLE I.-THE CONSECUTIVE PLEADINGS IN AN ACTION.

§ 478. The first pleading, on the part of the plaintiff, is the complaint. § 479. [am'd 1877.] If a copy of the complaint is not delivered to a defendant, at the time of the delivery of a copy of the summons to him, either within or without the State, his attorney may, at any time within twenty days after the service of the summons is complete, serve upon the plaintiff's attorney a written demand of a copy of the complaint, which must be served within twenty days thereafter. The demand may be incorporated into the notice of appearance. But where the same attorney appears for two or more defendants, only one copy of the complaint need be served upon him; and if, after service of a copy of the complaint upon him, as attorney for a defendant, he appears for another defendant, the last de fendant must answer the complaint within twenty days after he appears in the action.

§ 480. If the plaintiff's attorney fails to serve a copy of the complaint, as prescribed in the last section, the defendant may apply to the court for a dismissal of the complaint.

§ 481. The complaint must contain:

The title of the action, specifying the name of the court in which it is brought; if it is brought in the supreme court, the name of the county, which the plaintiff designates as the place of trial; and the names of all the parties to the action, plaintiff and defendant.

2. A plain and concise statement of the facts, constituting each cause of action, without unnecessary repetition.

3. A demand of the judgment to which the plaintiff supposes himself en. titled.

§ 482. [am'd 1877.] In an action triable by the court, without a jury, the plaintiff may, in a proper case, demand an interlocutory judgment, and also a final judgment, distinguishing them clearly.

$483. Where the complaint sets forth two or more causes of action, the statement of the facts constituting each cause of action must be separate and numbered.

§ 484. [am'd 1877.] The plaintiff may unite in the same complaint, two or more causes of action, whether they are such as were formerly denominated legal or equitable, or both, where they are brought to recover as follows:

1. Upon contract, express or implied.

2. For personal injuries, except libel, slander, criminal conversation, or seduction.

3. For libel or slander.

4. For injuries to real property.

5. Real property, in ejectment, with or without damages for the withholding thereof.

6. For injuries to personal property.

7. Chattels, with or without damages for the taking or detention thereof. 8. Upon claims against a trustee, by virtue of a contract, or by operation of law.

9. Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.

But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section; that they are consistent with each other; and, except as otherwise prescribed by law, that they affect all the parties to the action; it must appear upon the face of the complaint, that they do not require different places of trial.

§ 485. [Repealed 1877.]

§ 486. [Repealed 1877.]

ARTICLE SECOND.

DEMURRER.

487. Defendant must demur or answer.
488. When he may demur.
489. [Repealed 1877.]

490. Demurrer to complaint must
specify grounds of objection.
491. [Repealed 1877.]

492. Demurrer to all or part of the
complaint demurrer to part,
and answer to part.
493. Defendant may demur to reply.
494. When plaintiff may demur to
§ 487. The only pleading on the

murrer or an answer.

answer.

and

§ 495. Demurrer to counterclaim, when
defendant demands an affirm-
ative judgment.

496. Demurrer to counterclaim must
specify grounds of objection.
497. Amendments in certain cases
after decision of demurrer.
498. When objection may be taken
by answer.

499. Objection; when deemed waived. part of the defendant is either a de

$488. [am'd 1877.] The defendant may demur to the complaint where one or more of the following objections thereto appear uppon face thereof.

1. That the court has not jurisdiction of the person of the defendant. 2. That the court has not jurisdiction of the subject of the action.

3. That the plaintiff has not legal capacity to sue.

4. That there is another action pending between the same parties, for the same cause.

5. That there is a misjoinder of parties plaintiff.

6. That there is a defect of parties, plaintiff or defendant.