ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

provided, that the pleading of the party be con-
sistent with his previous allegation, and not a
departure therefrom.
15. In any suit on the bond of any clerk or

905

register it shall not be necessary to suggest the
breaches to the replication ; and if plea of
performance is pleaded by defendants it shall be
sufficient to reply generally that the obligor has
not performed the condition of his bond and
give the special matter in evidence, and in this
event the defendant shall be entitled to a bill of
particulars of the plaintiff's claim.
22-95. And the plaintiff claims, therefore,

Entitled to bill
of particulars.

$......... (or if the action is detinue brought to
recover specific goods), the plaintiff claims a
return of the said goods or their value, $.........,
for their detention ; or if the action is replevin,
the plaintiff claiming the return of said goods
(when they have not been replevied and deliv-
ered, and $......... for their detention), or in cases
where they have been delivered, the plaintiff
claims said goods and $........... for their deten-
tion.
22-100. That before the suit and after the

Plaintiff's
claims.

lapse of six months from the date of his letters
testamentary (or of administration), the de-
fendant paid away in discharge of just claims
all the assets of the said P. S., deceased, which
had come to his hands ; and that more than six
months before he so paid he gave notice to the
creditors of P. S. to bring in their claims, and
that at the time of said payment he had no
notice or knowledge of the alleged claim, and
that since said payment no further assets have
come to his hands.
46. The action of ejectment shall be commenced

Paid away
assets.

by filing a declaration in which the real claim-
ant shall be named as plaintiff, and the tenant
in possession or the party claiming adversely to
the plaintiff shall be defended ; it shall be suffi-
cient to state in the declaration that the plain-
tiff was in possession of the land or premises de-
scribed in the declaration, and that the defen-
dant ejected him therefrom and retains posses-
sion thereof, and the amount of damages claimed
by the plaintiff ; a copy of the declaration, with
a writ of summons, as in other cases, addressed

Filing decla-
ration.