
    * George W. Parsons, an Infant, who sues by Josiah Parsons, his Father and next Friend, Complainant, versus Jonas Jones.
    The rule of this Court, made in June, 1784, requiring a. prochein amy to give bond, Sic., to entitle an infant plaintiff to recover costs, is not now enforced by the Court.
    At the Court of Common Plea,s for this county, June term, 1811, Parsons obtained a verdict; and judgment being entered thereon, the defendant, Jones, appealed therefrom to this Court, but failed to enter his appeal. Whereupon Parsons filed his complaint, praying for affirmation of the judgment rendered for him in the Court, below.
    
      Emery, for the respondent,
    objected to the allowance of costs, and in support of his objection, relied upon the rule of this Court recited in the note.
    
    
      Hopkins, for the complainant,
    suggested that the role referred to had been by the profession generally considered as an act of legislation, and therefore not within the legitimate powers of the Court. At any rate, on this or some other ground, it had become obsolete, not having been practised upon for many years past.
    
      
      
        S. J. COURT) at York, June term, 1784. —Present, Sargent, Setoall, and Sumner^ Justices.
      No prochein amy shall be permitted to prosecute any personal action in this Court in the name and behalf of an infant, until such prochein amy shall have given sufficient bond to the commonwealth of Massachusetts, for the use of such infant, his heirs, &c., to be lodged in the probate office of the county where such infant -is an inhabitant; and in case the infant lives without the government, to be lodged in the probate office of the county in which the suit is brought; with condition that he shall well and truly account, with the judge of probate, for the time being, of the county where such bond is lodged, whenever required, or with the infant, when he shall arrive at full age, for all sums of money, or other personal property, he-may recover or receive, for or in behalf of such infant, and will pay over the same to such person or persons as the said judge, pursuant to law, shall direct; deducting such reasonable expenses as the judge of probate may al ow. —-And the defendant in any such action or suit shall not be subjected to the payment of costs, arising prior to the giving and lodging such security as aforesaid.
    
   And the Court

being of this opinion affirmed the judgment with additional damages and costs.  