The act of 28th March, 1835, is peremptory that judgment shall be rendered for want of an affidavit of defence, on or at any time after the third Saturday succeeding the return day of the writ, if the plaintiff has complied with its requisitions in filing a copy of his claim, in the cases prescribed by the act. A statute, however, has relation to the general principles of the law, and it is only presumed to operate in cases where the parties are competent to appear in a court of justice: that is to say, not being infants, (necessaries being out of the question,) feme coverts, insane, and the like. Upon ascertaining that the process has been served upon parties destitute of legal capacity, on timely application, the court will revise their proceedings. In this case, it appears that proceedings were pending in the Common Pleas, as to the lunacy of the defendant, while
Rule absolute, but judgment to stand as security.