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quired? The multiplication of oaths, says one. Then abolish oaths altogether. Let witnesses be no more sworn. But so long as you administer the oath to the witness, require it also of the party. Requiring it of him, so far from multiplying oaths, diminishes them. For every oath required of a party more than two witnesses are dispensed with. Who that is at all conversant with the courts, but knows, that every day in court sees numerous witnesses brought, at great inconvenience to themselves, to swear to facts, which the parties would not dare deny, if they were put to their oaths. Can there be a doubt which is better, to harrass the witnesses, or to purge the consciences of the parties?

§ 653. It is not necessary for a party to set forth in a pleading the items of an account therein alleged, where they exceed twenty in number, but he must deliver to the adverse party, within ten days, after a demand thereof in writing, a copy of the account verified by his own oath, or that of his agent or attorney, to the effect that he believes it to be true, or be precluded from giving evidence thereof. The court, or a judge thereof, or a county judge, may order a further account, when the one delivered is defective.

Amended Code, § 158.

§ 654. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally constued, with a view to substantial justice between the parties.

Amended Code, § 159.

§ 655. If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any

person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain, that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.

Amended Code, § 160.

§ 656. In an action for the recovery of real property, it must be described in the complaint with such convenient certainty, as to enable an officer upon execution to identify it.

2 R. S., 304, s. 8.

§ 657. In pleading a judgment, or other determination, of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such: allegation be controverted, the party pleading must establish on the trial, the facts conferring jurisdiction.

Amended Code, § 161.

§ 658. In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts, showing such performance; but it may be stated generally, that the party duly performed all the conditions on his part; and if such allegation be controverted, the party pleading must establish on the trial the facts showing such performance.

Amended Code, § 162.

§ 659. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to such statute, by its title and the day of its passage, and the court must thereupon take judicial notice thereof.

Amended Code, § 163.

§ 660. In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.

Amended Code, § 164.

§ 661. In the actions mentioned in the last section, the defendant may in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.

Amended Code, § 165.

§ 662. In an action to recover the possession of property distrained for doing damage, an answer that the defendant, or person by whose command he acted, was lawfully possessed of the real property upon which the distress was made, and that the property distrained

was at the time doing damage thereon, is sufficien without setting forth the title to such real property.

Amended Code, § 166.

§ 663. The plaintiff may unite several causes of ac tion in the same complaint, where they all arise out of

1. Contract, express or implied: or,

2. Claims to recover specific real property, with o without damages, for the withholding thereof, and the rents and profits of the same: or,

3. Claims to recover specific personal property, with or without damages, for the withholding thereof: or,

4. Claims against a trustee, by virtue of a contract, o by operation of law: or,

5. Injuries to character: or,

6. Other injuries to person and property, or either:

But the causes of action, so united, must all belon to one only of these classes, and must affect all the parties to the action, and not require different places o trial, and must be separately stated.

Amended Code, § 167, altered, so as to allow some cause of action to be united, which can not be united under the section.

§ 664. Every material allegation of the complaint no specifically controverted by the answer, as prescribe in section 645; and every material allegation of new

matter in the answer constituting a counter slaim, not specifically controverted by the reply, as prescrtbed in section 651, must for the purposes of the action, be taker as true. But the allegation of new matter in the answer not relating to a counter claim, or of new mat ter in a reply, is to be deemed controverted by the ad verse party, as upon a direct denial, or avoidance, as the case may require.

Amended Code, § 168.

§ 665. A material allegation in a pleading, is on essential to the claim or defence, and which could no be stricken from the pleading, without leaving it in sufficient.

New.

CHAPTER VI.

MISTAKES IN PLEADING, AND AMENDMENTS.

SECTION 666. Material variances, how provided for. 667. Immaterial variances, how provided for.

668. What to be deemed a variance.

669. Amendments of course, and after demurrer.
670.

Amendments by the court.

671. Suing a party by a fictitious name, when allowed.

672. No error or defect to be regarded, unless it affect substantial rights 673. Supplemental complaint, answer and reply.

§ 666. No variance between the allegation in a plead ing and the proof, is to be deemed material, unless i have actually misled the adverse party, to his prejudice in maintaining his action or defence, up on the merits. Whenever it is alleged, that a party has been so misled that fact must be proved to the satisfaction of the court

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