Page:United States Statutes at Large Volume 31.djvu/396

 344 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. A 1900. . his agent or attorney, to the effect that he believes it to be true. The veriBcation must be made by the affidavit of the party, or, if there be several parties united in interest and pleading together, by .one,at least, of such parties, if such parties be within t `e d strict and capable of making the afBdavit; otherwise the aiiidavit may be made bg the algent or attorney of tpehparty. Thai aiiidavit xpay als;) be ma e by t e agent or attorney i the action or efense be oun e on a written instrument for the payment of money only, and such instrument be in_ the possession of the agent or attorney, or if all the material allegationsof the plxeailling pe w£g11n the pegsogal ilinowledge of the agent or attorney. en the a avit is ma e y,t' e agent or attorney it must set forth the reason of his making it. When a coriporation is a party, the verification may bemade by any officer thereo upon whom service of a summons might be made, and when the United States, or any. officer thereof in its behalf, is a party, the veriBcation may be made byi{ any person to whom all the material allegations of the pleadé · in are nown. . mgvhm Y°’i“°¤°i°¤ Sec. 72. When, in the judgment of the court, an answer to an alley be omitted. . . . . . _ . _ gation in any pleading might, subject the party answering to a prosecation fof;} felony, the ver` cation of the answer to such allegation may be omitte. . _ e m§Q}°¤ Pl°*“““8¤ Sec. 7 3., The answer or demurrer to the complaint shall be Bled with the clerk by the time required to answer, and the demurrer, or r?ly thereto, as the case may be, must 1D 11ke manner be Bled by the rst day of the next term of the court, or within such time as the court may allow after the filing of the answer to the complaint, if_ the same be Bled in term time. A demurrer to a reply must be Bled lll the manner · and within the time required to Ble a demurrer to an answer. A motion -m°*i°°”°S*“k°°“*· to strike out al pleading for want ofdvpriBcat;on or subscriptipn,1 og " because severa causes of action or e ense therein are not p ea e separately, or for other cause, or a sham, frivolous, or irrelevant pleading or redundant matter therein, shall be made within the time or answering such pleading. GHMJQEEE of 1>1¢¤¤i¤g Sec. 74. A party may set forth in a Fleadinglthe items of an account ' therein allege, or Ble a copy thereo , with the pleading verified by · his own oat , or that of his agent orattorney, if within the personal knowledge of such agent_or attorney, to the effect that he believes it to be true. If he do neither, he shall deliver to the adverse party, within Bve days after a demand thereof in writing, a copy of the account, ver1Bed as ID this section prov1ded, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one Bled or delivered is defective. _ stggg Pmdiugs °°¤‘ Sec. 75. In the construction of a pleading_for the purpose of deter- ` mining its effect, its allegation shall be liberally construe, with a view of substantial justice between the dparties. ` I”°l°"‘m* and ’°‘ Sec. 76. If? irrelevant or redun ant matter be inserted in the pleaddundant matter may . . . . _ bescricken out mg, it may be stricken out on motion of the adverse party; and when the allegations og a ptleading age Exo indefinite or uncertainhthat the precise nature of the c arge or e ense is not apparent the court may » re uire the pleading to be made deBnite and certain by amendment. ,,§,},‘§§§°"“"°* Mw gm}- 77- H plea ing agldgmeut 0}::* iither determination of a cough ' or officer of special juris iction it s a not be necessary to state the facts conferrigg jurisdictgona, but such judggient or detirmfpation may be stated to ave been u y given or ma e._ If suc a egation be controverted, the fparty pleading shall be bound to establish on the trial the facts con erring jurisdiction. _deQ1Q¤§1§j§¤;§&g({gd°°· Sec. 78. In pleading the performance of a cpnditigln precedent; in a ’contract it sh`a l not be necessary to state the acts s owing suc performance, but it may be stated, generally that the party duly performed all the conditions on his part; and if such allegation be controverted