T. WATKINS LIGON, ESQUIRE, GOVERNOR.

149

in person) says that the declaration (or plea, &c.,) is
bad in substance;"

And some substantial matter of law intended to be
argued showing the defeat in the pleading shall then
be stated; and if any demurrer without such state-
ment or with a frivolous statement shall be filed, it
may be set aside by the court, and judgment may be
entered up for want of a plea.

38. The form of a joinder in demurrer shall be as .
follows or to the like effect:
"The plaintiff (or defendant) says that the decla-
ration (or plea, &c.) is good in substance."

Form of a
joinder.

39. Every demurrer shall be taken as a confes-
sion of all the facts pleaded without regard to form.
40. When issue is joined on demurrer, at any
stage of the cause, the court shall consider the alle-
gations through the whole series of pleadings, and
give judgment according as the very right of the
cause and matter in law shall appear unto it, without
regarding any imperfection, omission, defect in, or
lack of form, for the party who on the whole appears
to be entitled to it. And no judgment shall be ar-
rested, stayed or reversed for any such imperfection,
omission, defect in or lack of form.

Demurrer to
bo taken as a

confession.

41. There shall not be a demurrer upon a de-
murrer.

OF THE EFFECT OF PLEADING OVER
WITHOUT DEMURRER.

Not to be a
demurrer up-
on a demurrer.

42. If a declaration be defective in substance,
and the defendant pleads over; and the plea supplies,
by express statement of fact, but not otherwise, the
defect in the declaration, such defect shall be there-
by cured.

Defect in dec-
laration cured.

43. Where there is any imperfection, or omission
whatever, in any pleading, which would be a fatal
objection on demurrer, yet if the issue joined be
such as necessarily required on the trial proof of the
facts so imperfectly stated, or ommitted, such im-
perfection or omission shall be cured by the verdict.

ARTICLE 2ND.

OF TRAVERSE.

Defect in

pleading
cured.

44. There shall be only two forms of traverse,
viz: a direct traverse, and an indirect traverse. The

Only two
forms of tra-
verse.