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motion, and upon such terms as the court in its discretion may impose ; also, ambiguous, unintelligible and uncertain matter.
Sec. 51. Every pleading shall be subscribed by the party or his attorney.
Sec. 52. When an action is brought upon a written instrument, and the original instrument or a copy thereof is filed with the complaint, the genuineness and due execution of such instrument shall be deemed admitted, unless the answer denying the same be verified.
SEC. 53. When the defence to an action is founded upon a written instrument, and a copy of the same or the original instrument is filed with the answer, the due execution of such instrument shall be deemed admitted, unless the reply denying the same be verified.
SEC. 54. In all cases of the verification of a pleading, the affidavit shall be made by the party, or some one having personal knowledge of the facts. When a corporation is a party, the verification may be made by an officer thereof.
Sec. 55. 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 a reasonable time after a demand thereof, in writing, a copy of the account, or be precluded from giving evidence thereof. The court may order a further account when the one delivered is too general, or is defective in any particular.
SEC. 56. If irrelevant or redundant matter be inser(ted) in a pleading, it may be stricken out by the court, on motion of any person aggrieved thereby.
Sec. 57. In an action for the recovery of real property, such property shall be described with its metes and bounds, in the complaint.
Sec. 58. In pleading a judgment, or other determination of court or officer of special jurisdiction, it shall not be necessary to state the facts concerning jurisdiction, but such judgment or determination may be stat(ed) to have been duly given or made. If such allegation be controverted, the party pleading it shall be bound to establish, [in] (on) the trial, the facts concerning the jurisdiction.
Sec. 59. In pleading the performance of conditions, precedent
in contracts, 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 trial the facts showing such performance.
SEC. 60. In pleading a private statute, or a right derived therefrom, it shall be sufficient to [to) refer to such statute by its title and the day of its passage; and the court shall thereupon take judicial notice thereof.
Sec. 61. In actions 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. 62. In 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. 63. 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 specific or 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 for the recovery of specific personal property, with or without damages for the withholding thereof; or Fourth, claims against a trustee or other person in a judiciary capacity, 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 effect 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. 64. Every material allegation of the complaint or answer,
not controverted by the answer or reply, shall, for the purpose of the trial, be taken as true.
Sec. 65. A m[e](a)terial allegation in a pleading, is one essential to the claim or defence, and which could not be stricken from the pleading without leaving it (in)sufficient.
SEC. 66. After demurrer, and before the trial of issue on demurrer, either party may amend any pleading demurred to [and] without costs ; filing the same as amended; 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 reply filed, the court may, upon such terms as may be just, allow an answer or reply to be filed. If a demurrer to the replication be overruled, the facts alleged in the reply shall still be considered as [diried] (denied.)
Sec. 67. The court may, in furtherance of justice, and on such terms as may be proper, amend any pleadings
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 answer or demurrer, or demurrer to an answer or reply, or reply 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 allowed by the court; 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, inadvertance, surprise or excusable neglect. When, from any cause, the summons was not personally served on the defendant, the court may allow, upon 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. 68. When the plaintiff is ignorant of the name of a[ny] 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. 69. 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. 70. The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not effect the substantial rights of the parties; and no judgment shall be reversed or affected by reason of such error or defect.
Sec. 71. The plaintiff in an action to recover possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him, as provided in this act.
SEC. 72. When the delivery is claimed, an affidavit shall be made by the plaintiff
, or by some one in his behalf, showing, First, That the plaintiff is the owner of, or entitled to the immediate possession of the property, particularly describing it: Second, That the property is wrongfully detained by the defendant: Third, The actual value thereof: Fourth, That the same has not been taken for a tax, assessment, or fine, pursuant to a statute of this Territory, or seized under an execution or attachment against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.
Sec. 73. The plaintiff or his attorney may, thereupon, by indorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be, to take the same from the defendant.
Sec. 74. Upon the receipt of the affidavit and notice, with a written undertaking executed by two or more sufficient sureties, approved by the sheriff, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit, for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to himn of such sum as may from any cause be recovered against the plaintiff
, the sheriff shall forth with take the property described in the affidavit, if it be in the possession of the defendant or his agent, and deliver it to the plaintiff; except as herein otherwise provided.
Sec. 75. At any time before the delivery of the property to the plaintiff, the defendant may, if the plaintiff consent thereto, be permitted to retain possession thereof, upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, in double the amount of the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of any such sum as may from any cause be recovered against the defendant. If the plaintiff does not consent, the property shall be immediately delivered to him by the sheriff.
Sec. 76. The qualification of sureties shall be as follows: First, Each shall be a resident of the county: Second, When the property claimed is not worth over two thousand dollars, each shall be worth the amount specified in the undertaking, over and above his debts, liabilities, and property by law exempt from execution. When the property claimed exceeds in value two thousand dollars, the officer may take the justification of each one, separately, so that the whole amount equals the amount of the sum specified in the undertaking. In all cases where the officer takes bail, as herein provided, he shall require the sureties to make oath of the facts, showing their qualifications as bail.
Sec. 77. If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery; if it be not delivered he shall cause the building or enclosure to be broken open, and take the property into his possession ; and if necessary, be may call to his aid the power of the county.
Sec. 78. When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same.
Sec. 79. If property taken be claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto, or right of possession thereof, stating the grounds of such title or right, and serves the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on the demand of him or his agent, indemnifies the sheriff against such claims, by an undertaking by two sufficient sureties, who shall have the same qualifications, and sball make affidavit thereof, as sureties in other cases herein speci