The plaintiff may, however, prosecute the suit in the manner prescribed for poor persons, in which case the surety shall be bound only for the costs accruing up to the giving of notice.
Code 1858, § 3667 (deriv. Acts 1822, ch. 42, § 1); Shan., § 5437; Code 1932, § 9599; T.C.A. (orig. ed.), § 23-2703.