When a guardian ad litem is appointed by the justice, the guardian ad litem must be appointed as follows:
1. If the infant, insane or incapacitated person be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if the infant be of the age of 14 years; if under that age, or if insane or incapacitated, upon the application of a relative or friend.
2. If the infant, insane or incapacitated person be defendant, the appointment must be made at the time the summons is returned or before the answer, upon the application of the infant, if the infant be of the age of 14 years, and apply at the time or before the summons is returned; if the infant be under the age of 14, or be insane or incapacitated, or neglect so to apply, then upon the application of a relative or friend, or any other party to the action, or by the justice on the motion of the justice.
[Part 1911 CPA § 784; RL § 5726; NCL § 9273]