If the’ exeeutor, Hamlin, when he applied to be made party plaintiff, had filed a petition' and shown a proper case, he might have been permitted under the authority of Mason v. Osgood, 71 N. C. Rep., 212, to continue the suit in forma pauperis. But, as he did not do that, then under the authority of Osbo'i'ne v. Henry, 66 N. C. Rep., 354, he ought to have been required to give a prosecution bond.

There is error. Let -this be certified.

Pee,- Cubiam. Judgment reversed.