T. WATKINS LIGON, ESQUIRE, GOVERNOR.

155

plaintiff shall not deny it generally, but shall so plead
as to deny any cause of action or defence in the case.
83. Whenever the traverse tendered by a plaintiff
to the defendant's plea is such as will enable the
plaintiff to recover, without proving his right, it shall
upon motion be amended by the court.

Plea upon mo-
tion shall be a-
mended by the
court.

84. Whenever a plea does not answer the whole
declaration, and the plaintiff demurs to it, without
entering judgment for that part of his declaration,
which is not answered by the plea, the action shall
not thereby be discontinued, but the demurrer shall
apply to 'the plea, in the same manner, as if judgment
had been entered for the part of the declaration not
answered.

Action not to
be discontinu-
ed.

85. It shall not be allow able, both to plead and
demur to the same matter: but if the demurrer be
overruled, then the party shall be allowed to with-
draw the demurrer and to plead.

Not allowable.

86. All questions of law, unless raised by demur-
rer, shall fall under the decision of the jury in the is-
sue in fact, subject to the direction of the Court, upon
a prayer for that purpose.

Subject to the
direction of the
court.

87. When a party pleads, it must be either by way
of traverse, or of confession and avoidance; and if
the pleading amounts to neither of these modes of
answer, it shall, upon motion, be set aside.

Upon motion
set aside.

88. Whenever in pleading, there shall be two af-
firmatives which do not impliedly negative each other,
the next pleading to be pleaded shall deny the last
affirmative; and the other shall go for nothing.

Two affirma-
tives.

89. The plaintiff in any action may plead, in an-
swer to the plea or any subsequent pleading of the
defendant, as many several matters as he shall think
necessary to sustain his action: and the defendant in
any action may plead, in answer to the declaration,
or other subsequent pleading of the plaintiff, as many
several matters as he shall think necessary for his
defence; provided that the party so pleading or his
attorney, makes affidavit, if required by the Court, to
the effect, that he is advised and believes that he has
just ground to traverse the several matters proposed
to be traversed by him, and that the several matters
sought to be pleaded as aforesaid, by way of confes-
sion and avoidance, are respectively true in substance
and in fact. And the costs of any issue, either of
fact or law, shall follow the finding or judgment upon
such issue, and be adjudged to the successful party,

May plead as
many several
matters as is
deemed neces-
sary to sustain
action.