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ODEN BOWIE, ESQUIRE, GOVERNOR. 751
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3. Any declaration which contains a plain state-
ment of the facts necessary to constitute a ground
of action shall be sufficient, and any plea neces-
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sary to form a legal defence shall be sufficient
without reference to mere form; this to apply to
replications, rejoinders and all subsequent plead-
ings; and this section shall apply as well to
actions of ejectment as to other actions; and actions
of ejectment shall not be brought in the names of
fictitious parties, or under the fictions of lease,
entry and ouster, but the real persons who are
proper as plaintiff and defendant, shall be named,
and the defendant's plea shall answer specially
every material fact stated in the declaration;
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Suit brought
in proper
name.
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but a copy of the declaration shall with the
writ always be served upon the person in ac-
tual possession of the land claimed at the time
of the bringing of the suit, or if no one be in
actual possession, the Sheriff shall set up a copy
on the premises, the service or setting up of which
copy the Sheriff shall certify upon the writ issued
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Serve writ.
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in the case or on such copy, if returned, with the
date of such service; and the declaration of the
plaintiff shall contain such certain description of
the land claimed as will enable the same to be
located, as well as the extent of the interest or
estate in the land so claimed.
Approved April 4, 1870,
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Set up copy.
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CHAPTER 421.
AN ACT entitled a supplement to an Act, entitled
"An Act to authorize the Franklin Railroad
Company incorporated by the State of Pennsylva-
nia, to extend their works within the limits of
the State of Maryland," passed at December
Session, eighteen hundred and thirty-six, Chap-
ter seventy-nine, repealing so much of the first
Section of said Act as empowers said Railroad
Company to connect with the Chesapeake and
Ohio Canal, at or near Williamsport, and em-
powering said Franklin Railroad Company, to
connect with said Canal at Williamsport.
WHEREAS, it hath been represented to this Gen-
eral Assembly, that the Franklin Railroad Com-
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