T. WATKINS LIGON, ESQUIRE, GOVERNOR.

151

ARTICLE 4TH.

OF PLEADINGS IN GENERAL.

52. Whatever facts are necessary to constitute the
ground of action, defence, or reply, as the case may
be, shall be stated in the pleading and nothing more;
and facts only shall be stated, and not arguments, or
inferences, or matter of law, or of evidence, or of
which the court takes notice ex officio.

Facts only to
be stated.

53. All statements which need not be proved,
such as the statement of time, quantity, quality, and
value, where these are immaterial; the statement of
losing and finding, and bailment, in actions for goods,
or their value; the statement of acts of trespass
having been committed with force and arms, and
against the peace, dignity and government of the
State of Maryland; the statement of taking in ac-
tions of replevin, the statement of promises which
need not be proved, or promises in indebitatus counts,
and mutual promises to perform agreements; and
all statements of a like kind, shall be omitted.

Statement
which need
not be proved
shall be omit-
ted.

54. An allegation shall not have two intendments:
but it shall state one point distinctly, so that the ad-
verse party may know on what to join issue. And
if an allegation shall have two intendments, it shall
upon motion, be considered by the court as a
nullity.

An allegation
shall not have
two intend-
ments.

55. Where there are material allegations in a
pleading, that are repugnant to each other, the first
in order shall be considered the proper one, and all
others inconsistent with it, shall be rejected, even
though the pleading be thereby left without an alle-
gation of some material fact.

The first al-
legation to be
considered the
proper one.

56. No superfluous allegation, whether it be con-
sistent or inconsistent with the necessary and ma-
terial allegations, nor any impertinent allegations
shall vitiate a pleading.

No superflu-
ous allegation
shall vitiate a
pleading.

57. If any pleading be so framed as to prejudice,
embarrass or delay the fair trial of the action, the
opposite party may move the court to strike out or
amend such pleading, and the court shall make
such order respecting the same, and also respecting
the costs, as the court shall see fit.

Court may
strike oat or
amend.

58. It shall not be necessary to make profert of
any deed or other document mentioned or relied on in
any pleading; and if profert shall be made, it shall

Not necessary
to make pro-
fert of deed or
other docu-
ment.