CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
819
CHAPTER XX.
ACTION BY OR AGAINST PAUPER.
[cf. O. 16, rr. 22 to 31.]
494. (1) Any poor person, before commencing or defending any action or other proceeding in the court in his own right or becoming poor during the progress thereof, may apply to the court by petition for leave to sue or defend as a pauper.
(2) The petition shall be supported by an affidavit of the petitioner and two householders living in his neighbourhood or other responsible persons that he is not possessed of property to the amount of fifty dollars in value, his wearing apparel and the subject-matter of the action or proceeding only excepted.
495.-(1) The court shall thereupon assign a counsel and solicitor to consider the petitioner's case.
(2) The petitioner shall lay a case before counsel for his opinion whether or not he has reasonable grounds for suing or defending.
496.-(1) No person shall be admitted to sue or defend as a pauper unless the case laid before counsel for his opinion and his opinion thereon, with an affidavit of the party, or his solicitor, that the case contains a full and true statement of all the material facts to the best of his knowledge and belief, and with a certificate signed by counsel that he has considered the case and believes the petitioner to have a good cause of action or defence, as the case may be, is produced before the court.
(2) If these conditions are complied with the court may order that the petitioner shall be admitted to sue or defend, as the case may be, as a pauper.
497. Where a person is admitted to sue or defend as a pauper the court may, if necessary, assign a counsel or solicitor, or both, to assist him.
498. (1) No fee shall be payable by a pauper to his counsel or solicitor.
(2) A person admitted to sue or defend as a pauper shall not be liable to any court fee:
Provided that if such person succeeds and costs are adjudged to be paid by his opponent,
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