HELMS P. FRANCISCUS.—2 BLAND. 525
become bound in all respects, as the next friend of the plaintiff
Anna.
BLAND, C., 1st September, 1826.—It is clear that any one, so
long as he stands before the Court as the next friend of an infant
or a feme covert plaintiff, being liable for costs, is therefore an in-
terested and incompetent witness. Head v. Head, 3 Atk. 547. Bu
where the object is not to favor the escape of such a next friend
from any liability, arising from the suit's having been improperly
instituted or conducted by him, he may be made a competent wit-
ness by being discharged, and having another put in his place;
and the Court will, on application, at any time before the final
hearing, allow a * change to be made for that purpose, on
its being shewn to be necessary, and on the costs then in- 551
curred, being secured. Wilts v. Campbell, 12 Fes. 493; Melling
v. Melling, 4 Mad. 261.
Ordered, that Charles F. Mayer be, and he is hereby appointed
next friend of the plaintiff Anna.G. M. Helms, instead of the said
Wandelohr, as prayed.
The commission to Bremen having been returned, and tiled on
the 15th of September, 1827; and it appearing that the deposi-
tions of the witnesses had been taken in the German language,
with a translation; the defendants objected, that the case could
not be heard until those depositions were more correctly translated;
and the plaintiff's applied by petition, to have them translated
accordingly.
BLAND, C., 10th January, 1828.—This matter has an origin and
bearing worthy of more attention than seems to have been usually
bestowed upon it. I shall therefore here, once for all, avail myself
of this occasion to advert, as briefly as may be, to the laws and
principles upon which the parties have a right to have depositions
correctly put into English before the case is set for hearing.
An English Statute passed in the year 1362 sets forth, that great
mischiefs had happened because the laws were -not commonly
known, for that they were pleaded, shown, and judged in French,
which was much unknown; so that the people who plead, or were
impleaded in the Courts had no knowledge or understanding of
that which was sued for? or against them; that the laws would be
known and better understood in the tongue used in the realm: so
that every man might the better govern himself without offend-
ing, and the better keep, save, and defend his heritage and pos-
sessions. And thereupon enacts, that all pleas which should be
pleaded in any Court, should be shewn, defended, answered, de-
bated and adjudged in the English tongue; and be entered and
enrolled in Latin. 36 Ed. 3, c. 15; Parleys His. Co. Chan. 43. By
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