or district attorney, in behalf of the territory, the pleadings need not, in any case, be verified.

SEC. 56. It shall not be necessary for a party to set forth in a pleading the items of an account therein alleged, but he shall deliver to the adverse party, within five days after a demand thereof, in writing, a copy of the account, or be precluded from giving evidence thereof. The court, or a judge thereof, or a probate judge, may order a further account, when the one delivered is too general, or is defective in any particular.

SEC. 57. If irrelevant or redundant matter be inserted in a pleading, it may be stricken out by the court, on motion of any person aggrieved thereby.

SEC. 58. In an action for the recovery of real property, such property shall be described, with its metes and bounds, in the complaint.

SEC. 59. In pleading a judgment or other determination of a court or officer of special jurisdiction, it shall not be 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 shall be bound to establish on the trial the facts conferring jurisdiction.

SEC. 60. In pleading the performance of conditions precedent in a contract, it shall not be 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 shall establish on the trial the facts showing such performance.

SEC. 61. In pleading a private statute, or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.

SEC. 62. In an action for libel or slander, it shall not be 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 shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.

SEC. 63. 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 damage; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.

SEC. 64. The plaintiff may unite several causes of action in the same complaint, when they arise out of: First. Contracts, express or implied; or, Second. Claims to recover specified real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; or, Third. Claims to recover specific personal property, with or without damages for the withholding thereof; or, Fourth. Claims against a trustee by virtue of a contract or by operation of law; or, Fifth. Injuries to character; or, Sixth. Injuries to person; or, Seventh. Injuries to property. But the causes of action so united, shall all belong to one only of these classes, and shall affect all the parties to the action, and not require different places of trial, and shall be separately stated: Provided, however, That an action for malicious arrest and prosecution, or either of them, may be united with an action for either an injury to character or to the person.

SEC. 65. Every material allegation of the complaint or answer, when it is verified, not specifically controverted by the answer or replication, shall, for the purpose of the action, be taken as true. The allegation of new matter in the replication, shall, on trial, be deemed controverted by the adverse party.

SEC. 66. A material allegation in a pleading, is one essential to the claim, or defense, and which could not be stricken from the pleading without leaving it insufficient.

SEC. 67. After demurrer, and before the trial of issue on demurrer, either party may, within ten days, amend any pleading demurred to, of course, and without costs, filing the same, as amended, and serving a copy thereof upon the adverse party or his attorney, who shall have ten days to answer, reply or demur thereto; but a party shall not so amend more than once. When a demurrer to a complaint or answer is overruled, and there is no answer or replication filed, the court may, upon such terms as shall be just, and upon payment of costs, allow an answer or replication to be filed. If a demurrer to the replication be overruled, the facts alleged in the replication shall still be considered as denied.

SEC. 68. The court may, in furtherance of justice, and on such terms as may be proper, amend any pleadings or proceedings, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for an answer or demurrer, or demurrer to an answer filed. The court may likewise, upon affidavit showing good cause therefor, after notice to the adverse party, allow, upon

such terms as may be just, an amendment to any pleading or proceeding in other particulars, and may, upon like terms, allow an answer to be made after the time limited by this act; and may, upon such terms as may be just, and upon payment of costs, relieve a party or his legal representatives from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, when, from any cause, the summons and a copy of the complaint in an action have not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant, or his legal representatives, at any time within six months after the rendition of any judgment in such action, to answer to the merits of the original action.

SEC. 69. When the plaintiff is ignorant of the name of a defendant, such defendant may be designated in any pleading or proceeding by any name; and, when his true name is discovered, the pleading or proceeding may be amended accordingly.

SEC. 70. In the construction of a pleading for the purpose of determining its effects, its allegations shall be liberally construed, with a view to substantial justice between the parties.

SEC. 71 The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the parties, and no judgment shall be reversed or affected by reason of such error or defect.

TITLE V.

CHAPTER II.

OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS, ARRESTS AND BAIL.

SEC. 72. Arrest, when may be made.

74. Order for, how obtained.

76. Plaintiff to give undertaking.

77. When order may be made, form.

78. Order, duty of sheriff and how executed.

80. Defendant how discharged.

81. Bail, how given.

82. Surrender in discharge of.

SEC. 72. No person shall be arrested in a civil action, except as prescribed by this act.

SEC. 73. The defendant may be arrested, as hereinafter prescribed, in the following cases, arising after the passage of this act: First. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the territory, with intent to defraud his creditors, or when the action is for wilful injury to person, to character, or to property, knowing the property to belong to another. Second. In an action for a fine or penalty, or on a promise to marry, or for money or property embezzled, or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such; or any other person in a fiduciary capacity, or for misconduct or neglect in office, or in a professional employment. Third. In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of, so that it cannot be found or taken by the sheriff. Fourth. When the defendant has been guilty of fraud in contracting the debt or incuring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought. Fifth. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors; but no female shall be arrested in any action, except for an injury to person, character or property.

SEC. 74. An order for the arrest of the defendant shall be

obtained from a judge of the court in which the action is brought, or from a probate judge.

SEC. 75. The order may be made whenever it shall appear to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section seventy-three. The affidavit shall be either positive or upon information and belief; and, when upon information and belief, it shall state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit shall be filed with the clerk of the county.

SEC. 76. Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs and charges that may be awarded the defendant, and all damages which he may sustain by reason of the arrest-not exceeding the sum specified in the undertaking, which shall be at least five hundred dollars. Each of the sureties shall annex to the undertaking an affidavit that he is a resident within the territory, and worth double the sum specified in the undertaking, over and above all his debts and liabilities, exclusive of property exempt from execution. The undertaking shall be filed with the clerk of the

court.

SEC. 77. The order may be made to accompany the summons, or any time afterwards before judgment. It shall require the sheriff of the county where the defendant may be found, forthwith to arrest him and hold him to bail in a specified sum, and to return the order, at a time therein mentioned, to the clerk of the court in which the action is pending.

SEC. 78. The order of arrest, with a copy of the affidavit upon which it is made, shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver to him a copy of the affidavit, and, also, if desired, a copy of the order of

arrest.

SEC. 79. The sheriff shall execute the order by arresting the defendant, and keeping him in custody until discharged by law.

SEC. 80. The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail, or upon depositing the amount mentioned in the order of arrest, as provided in this chapter.

SEC. 81. The defendant may give bail, by causing a written undertaking to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect