T. WATKINS LIGON, ESQUIRE, GOVERNOR.

153

66. When a pleading can be taken two ways it
shall be taken in that which is most against the party
pleading it.
67. Every pleading shall be in writing, and signed
cither by the party or his attorney.
68. Every declaration and other pleading shall be
entitled of the proper court.
69. Whenever any rule of pleading contained in
this code shall specify in terras, only one or more
species, as declaration, plea, or any other, yet if in
its nature and scope the rule be applicable to other
pleadings also, it shall be taken to apply to all to
which it is applicable.

ARTICLE 5TH.

OF THE DECLARATION.

When plead-
ing can be ta-
ken two ways.

Pleading shall
be in writing.

Shall be enti-
tled of the pro-
per court.

Rule to apply.

70. A plaintiff shall recover only in respect of the
ground of action stated in his declaration, and not it
respect of another disclosed by the defendant's plea

How plaintiff
shall recover.

71. Whenever a plaintiff claims a right derogato-
ry from the general law, or when his claim is found-
ed upon an exception of any kind, he shall set forth
such claim or such exception particularly in his de-
claration.

Shall set forth
claim.

72. In all actions on bonds with conditions, the
plaintiff shall in the declaration notice the conditions,
and allege the breach or breaches relied on.

In actions on
bonds with
conditions.

73. In all actions of libel and slander, the plain-
tiff shall be at liberty to aver that the words or mat-
ter complained of were used in a defamatory sense,
specifying such defamatory sense, without any prefa-
tory averment, to show how such words or matter
were used in that sense, and such averment shall be
put in issue by the denial of the alleged libel or
slander; and where the words, or matter set forth,
with or without the alleged meaning, show a cause
of action, the declaration shall be sufficient.

OF COMMENCEMENTS AND CONCLUSIONS
OF DECLARATIONS.

74. Every Declaration shall commence as follows,
or to the like effect :

In actions of
libel and slan-
der.

" ———— County (or city) A. B. by S. T. his At-
torney (or in person, as the case may be) sues C. D.
for, (here state the cause of action;)"

Form.