At the return term of the process, the court may appoint counsel for the plaintiff in actions prosecuted in the manner prescribed for paupers, and also for the defendant, if the defendant makes an oath that, owing to the defendant's poverty, the defendant cannot employ counsel.
Code 1858, § 3980 (deriv. Acts 1821, ch. 22, § 3; 1857-1858, ch. 58); Shan., § 5792; mod. Code 1932, § 9983; T.C.A. (orig. ed.), § 29-201.