T. WATKINS LIGON, ESQUIRE, GOVERNOR.

169

set forth in the declaration, the plaintiff may avoid
the effect of such plea, by restating his cause of ac-
tion with more particularity, consistently however
with the more general statement set forth in the de-
claration.

106. One new assignment only shall be pleaded
to any number of pleas to the same cause of action ;
and such new assignment shall be consistent with
and confined by the particulars, if any, delivered in
the action, and shall state that the plaintiff proceeds
for causes of action different from those which the
pleas profess to justify, or for an excess over and
above what the defences set up in such pleas justify,
or both.

New assign-
ment.

107. No plea which has already been pleaded to
the declaration, shall be pleaded to such new as-
signment, except a plea in direct denial, unless by
leave of the court; and such leave shall only be
granted upon satisfactory proof that the repetition of
such plea is essential to a trial upon the merits.

TITLE SECOND.

RULES WHICH MAKE THE ISSUE A CER-
TAIN ONE.

ARTICLE 1st.

OF NAMES OF PERSONS.

Leave of court

required.

108. The declaration as well as the summons shall
set forth accurately the Christian names and sur-
names of both parties, and the Christian names and
surnames of persons not parties to the action: but
where the name of a person, not a party to the ac-
tion, shall not be known, an allegation of the fact
shall be sufficient.

Shall set forth
name.

109. Wherever a party shall be sued by a wrong
Christian name or surname, or both, upon affidavit
or other proof to the satisfaction of the Court, at
any time before trial, that the writ or process has been
served upon the person intended to be sued, the court
shall, upon motion, direct any writ, declaration or
other pleading, or any entry, to be amended, by in-
serting therein, the true name of the party, on such
terms as the court shall deem fit.

Suit brought
in a wrong
name may be
amended.

110. A mistake in the name either of a party to
the action, or of a person not a party to the action,
may be objected to as a variance, at the trial.

May be objec-
ted to at trial.