122 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.
ARTICLE LXXV.

Pleadings, Practice and Process.

PLEADING.
3. Declarations plea, actions of ejectment.

PLEADING.

1870, c. 420 repeals section 8 and substitutes the following therefor:

1870, c 420. Declaration.	SEC. 3. Any declaration which contains a plain state- ment of the facts necessary to constitute a ground of
Plea.	action, shall be sufficient, and any plea necessary to form a legal defence shall be sufficient without refer- ence to mere form ; this to apply to replications, rejoin- ders and all subsequent pleadings; and this section
Actions of ejectment.	shall apply as well to actions of ejectment as to other actions ; and actions of ejectment shall not be brought in thev 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 mate- rial fact stated in the declaration ; but a copy of the declaration shall, with the writ, always be served upon the person in actual 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 in the case or on such copy, if returned, with the date of such ser- vice ; 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.