152

LAWS OF MARYLAND.

not entitle the opposite party to crave oyer of or set
out upon oyer such deed, or other document.

At liberty
to let out the
whole or part.

When any
thing in alleg-

ed to have been
generally done
it shall be con-
sidered legally
done.

59. A party pleading, in answer to any pleading
in which any document is mentioned or referred to,
shall be at liberty to set out the whole, or such part
thereof, as may be material, and the matter, so set
out shall be deemed and taken to be part of the
pleading in which it is set out.

60. Where in a pleading, any thing is alleged
generally to have been done, it shall be considered
as meaning legally done, and, by the proper instru-
ment of writing where one is required, without sta-
ting how or in what manner it was done.

Lawful for
plaintiff or de-
fendent to aver.

61. It shall be lawful for the plaintiff or defendant
in any action, to aver performance of conditions
precedent generally, and the opposite party shall not
deny such averment generally, but shall specify in
his pleading the conditions or conditions precedent,
the performance of which he intends to contest.

Confined to
fact and law as
set forth in de-
claration.

62. Parties shall be respectively confined to the
grounds both of fact and of law which they take in
the declaration and the plea, and shall not resort to
another in any subsequent pleading.

Not to antici-
pate the an-
swer of the op-
posite party.

63. A pleading should not anticipate the answer
of the opposite party. It is sufficient that each plead-
ing contain facts which constitute a good, prima facie
claim or defence, or reply, without reference to pos-
sible objections not yet urged. But where the mat-
ter is such, that its affirmation or denial is essential
to the apparent or prima facie right of the party
pleading, there it ought to be affirmed or denied in
the first instance, though it may be such as would
otherwise properly form the subject of objection on
the other side.

Not to control
its substance.

64. The form of pleading shall in no case what-
ever control its substance. Matter, though alleged
in the form of inducement, if it be of the substance
of the cause, may be pleaded to. And so, in all
like instances.

Not to prove
more than is
needed.

65. If the plaintiff allege a greater title or estate
than is necessary to sustain his cause of action and
it be traversed to the full extent, he shall not be com-
pelled to prove more than is necessary to sustain his
action. And if a defendant puts into his plea more
than is needed for his defence, he shall not be com-
pelled to prove more than is needed for his de-
fence.