An  infant  defendant  must  appear,  and  defend  by  a  guardian  ad  litem.
—  Comstock  V.  Carr,  6  Wend.  526  —  and  he  cannot  during  infancy
waive  that  defect.     Maynard  v.  Downer,  13  Wend.  575.
§  1536.  {Amended  1884.]  The  security  to  be  given  by  the  guardian  ad  litem  for
an  infant  party  in  an  action  for  partition  must  be  a  bond  to  the  people  of  this  State,
executed  by  him  and  one  or  more  sureties  as  the  court  directs,  in  a  sum  fixed  by
the  court,  conditioned  for  the  faithful  discharge  of  the  trust  committed  to  him  as
guardian,  and  to  render  a  just  and  true  account  of  his  guardianship  in  any  court
or  place  where  thereunto  required.  The  bond  mast  be  filed  with  the  clerk  before
the  guardian  enters  upon  the  execution  of  his  duties,  and  it  cannot  be  dispensed
with,  although  he  is  the  general  guardian  of  the  infant.
The  bond  must  be  suflBcient,  and  must  be  executed  by  the  guardian
himself  with  sureties.  Clark  v.  Olarh,  14  Abb.  299 ;  Lansing  v,
GulicJc,  26  He '"    ~""* ;  Jennings  v.  Jennings,  2  Abb.  6.
It  is  erroneous  m  an  action  of  partition  to  allow  an  infant  to  act
by  guardian  without  security.     Struppmam,  v.  Muller,  52  How.  211.
The  bond  should  be  filed  before  the  guardian  enters  upon  the  dis-
charge of  his  duties,  but  may  be  filed  at  any  time,  even  after  judg-
ment nunc  pro  tunc.  Croghan  v.  Livingston,  25  Bai-b.  336;
affirmed,  17  N.  Y.  218.
