Final order to have force of decree. Judge, together with the evidence taken by him, or any referee, to the Clerk of the Circuit Court for his county, and shall be by him filed and preserved in his office, which shall constitute the record of the proceedings, and copies thereof, certified by such clerk, shall be conclusive evidence of the order and proceedings therein stated. (4814.) SEC. 11. Any final order made in pursuance of the provisions of sections four, five, six, or eight, of this act, shall have the like validity and force as the decree of a Court of Equity, under the laws and the practice of such Courts at the time of the passage of this act; and any such order in respect to real estate, or a certified copy thereof, may, if not When it may be appealed from, be recorded in the office of the Register of Deeds of the County in which such real estate is situated. Recorded. Final order may case of appeal (4815.) SEC. 12. Any final order made under any of the be appealed from. provisions of the fourth, fifth, or sixth sections of this act, may be appealed from, to the Supreme Court, within twenty days after the same is made, by complying with the following Proceeding in provisions: The party appealing shall make an affidavit, setting forth the particular matters complained of in the proceedings or order, and shall deliver the same to the Clerk of the Court in which the papers are filed. To render an appeal effectual for any purpose, the following provisions must be complied with: If the judgment creditor appeal, he must, within said twenty days, enter into a written undertaking, with sureties, who shall justify before the clerk, unless their sufficiency be admitted by the opposite party, to the effect that the appellant will pay all costs and damages which may be awarded against him on the appeal, not exceeding two hundred dollars; or that sum may be deposited with the clerk, with whom the order is entered. Such undertaking or deposit may be waived by the written consent of the opposite party. If the appeal be taken by any other party than the judgment creditor, and if the order appealed from be for the payment of money or the delivery of property, a written undertaking must be executed by the appellant or some person on his behalf, with two sureties, who shall justify as aforesaid, unless their responsibility be admitted as aforesaid, to at least double the amount of the money or property ordered to be paid or delivered, to the effect that if the order appealed from, or any part thereof, be affirmed, the appellant will pay the amount directed to be paid, or deliver the property in as good condition as the same is at the time of the appeal, as shall be determined on appeal, and all damages and costs which shall be awarded against the appellants. If the order appealed from direct the assignment or delivery of papers or documents by the appellant, the papers ordered to be assigned or delivered, must be delivered to the clerk with whom such proceedings are filed, or placed in the hands of such officer or Receiver, as the Judge having made the order. shall direct, to abide the event of the appeal, and subject to the order of the Supreme Court. If the order appealed from direct the sale of the real estate of the appellants or the del very of possession by them, a written undertaking must be entered into by him, with two sureties, satisfactory to the Judge making the order, and filed with such clerk, to the effect that during the possession of such property by him, or any person holding under him, he will not commit or suffer any waste thereon, and that if the order be affirmed he will pay the value of the use of such property from the time of the appeal until the delivery of possession thereof. turn to Supremo (4816.) SEC. 13. When all acts, matters and things required Notice of appeal. by the last preceding section shall have been done by the appellant, notice that such appeal has been taken shall be given in writing to the opposite party or his attorney, if either is to be found in the county; if not, such notice may be left with such clerk, and upon proof to such clerk that such notice Clerk to make rehas been given as aforesaid, such clerk shall, within ten days, Court. attach together all the orders in the proceedings appealed from, and all the affidavits upon which any of them are founded, in the order of their dates, and shall attach thereto all the testimony and examinations of parties and witnesses, which shall have been filed with him in relation thereto, and shall certify them under the seal of the Circuit Court, and cause the same to be delivered to the proper Clerk of the Supreme Court, and the same shall be filed by such Clerk in the Supreme Court, and thereupon the Supreme Court shall be possessed of the cause. may reverse or (4817.) SEC. 14. On such appeal the Supreme Court may Supreme Court reverse, affirm or modify any such order appealed from, in any affirm order. particular complained of in the affidavit upon which the appeal is founded. They may, for that purpose, look into all the proceedings, and the facts as stated in the evidence returned on the appeal; and they may order a rehearing of May order a rethe whole matter, or any part thereof, before the Judge making the order, or they may make such final order in the premises hearing. Final decree. Receipt of officer holding Execu charge of debt debtor. and award such costs as justice may require; and such last named order shall have all the force and effect of a final decree. in a Court of Equity, according to the laws existing at the time of the passage of this act; and may be recorded in the same manner, and enforced under such general or special rules as said Court may adopt. (4818.) SEC. 15. After the issuing of execution by any tion to be dis Court against or for the taking of any property, any person due to judgment indebted to the judgment debtor may pay to the officer having the execution the amount of his debt, or so much thereof as shall be necessary to satisfy the execution, and the receipt of the officer having such execution shall be a sufficient discharge. therefor. Sections 24 and 25, of Chapter 90 repealed. (4819.) SEC. 16. Sections twenty-four and twenty-five of of R. S. of 1846, chapter ninety, of the Revised Statutes of eighteen hundred and forty-six, are hereby repealed; and after this act shall take effect, no bill in equity shall be instituted or maintained, except such cases as may be then pending for the discovery of any property, money or things in action belonging to the defendant in such judgment, or held in trust for him. (a) Last Section re An Act to Re-enact Sections Twenty-Four and Twenty-Five of Chapter Ninety of the Revised Suits in Equity, approved June 28, 1851. [Approved February 12, 1855. Took effect May 16, 1855. Laws of 1855, p. 270.] SECTION 1. (b) (4820.) SEC. 2. Section sixteen of an act entitled, “An ing of rights, etc. Act to prohibit the maintaining suits in Equity by Judgment pealed with sav. Creditor's bill, to provide a remedy at law in lieu thereof, and to repeal Sections twenty-four and twenty-five of Chapter ninety of the Revised Statutes of eighteen hundred and fortysix;" approved June 28, 1851, is hereby repealed, reserving all rights that may have accrued by virtue of any proceedings under said act: And, Provided, That all suits and proceedings heretofore commenced and now pending under the same, may be prosecuted as fully as if the same was not repealed. (c) (a) See the Act next following. (b) Re-enacts Sections 24 and 25, of Chapter 90 of R. S. of 1846, with an amendment, as given în Chapter 115. (c) The addition of this saving clause would seem to indicate a supposition on the part of the Legislature that the Act of June 28, 1851, was no longer in force, except for the purposes of completing proceedings commenced under it. It will be seen, however, that no part of it is repealed except the last Section. R. S. of N. Y., Right of infant to bring suit. (4821.) SECTION 1. When an infant shall have any right of action, to recover any real property or the possession thereof, 2 Paige, 374. or to recover any debt or damages, he shall be entitled to maintain a suit thereon; and the same shall not be deferred or delayed, on account of such infant not being of full age. (4822.) SEC. 2. Before any process shall be issued in the Next friend to be name of an infant who is sole plaintiff in any suit, a competent in Wendell, 164. 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. appointed. 12 do 191. (4823.) SEC. 3. Such appointment shall be made as follows: By whom a p 1. If the suit is intended to be brought in the Circuit Court, m pointment to be by any Judge thereof, or any Master in Chancery, or Circuit. Court Commissioner; 2. If intended to be brought in the County Court, by the Judge thereof, or a Circuit Court Commissioner. (4824.) SEC. 4. It shall be made on the petition of the infant, Upon what pa and the written consent of the person proposed to be next 2 Paige, 374. friend to such infant, duly acknowledged before, or proved to the officer making the appointment. When Bond may be required of next friend. Where Bond to be filed, etc. Order to be filed. Guardian for defendant. How appointed. compel appoint dian. (4825.) SEC. 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 moneys which may be recovered in such suit. (4826.) SEC. 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 Judge of Probate of the county in which such infant resides; and such officer shall be entitled to receive from such next friend the fee allowed by law to such Judge of Probate for filing such bond, to be paid by him. (4827.) SEC. 7. The order for the appointment of a next friend shall be filed in the office of a Clerk or Register of the Court, before any declaration or bill shall be filed in such cause. (4828.) SEC. 8. After the issuing and service of process against any infant defendant, or the service of a declaration, if the suit be commenced by declaration, the suit shall not be any further prosecuted, until a guardian for such infant shall have been appointed. (4829.) SEC. 9. Such appointment shall be made upon the request of such defendant, and upon the written consent of any competent person proposed as guardian, by the Court, or any Master in Chancery, if the suit be commenced in Chancery, or by any Justice of the Supreme Court, or Circuit Court Commissioner, if the suit be commenced in the Circuit Court; and if commenced in the County Court, by the Judge thereof, or a Circuit Court Commissioner, and shall be filed in the office of a Register or Clerk of the Court before any plea or answer be put in. Proceedings to (4830.) SEC. 10. If such infant defendant neglect, for twenty ment of Guar days after the return day of the process, or service of the declaration by which the suit was commenced, to procure the appointment of a guardian to defend the suit, the plaintiff may 7 Wendell, 489. obtain an order from any Judge or officer of the Court mentioned in the preceding section, requiring such infant to procure the appointment of a guardian within ten days after the service of such order. Ibid. (4831.) SEC. 11. If a guardian be not appointed within the time specified in such order, the Judge or officer granting the |