Page:United States Statutes at Large Volume 47 Part 1.djvu/957

 72d C ONGRESS. SESS. II. CH. 127. FEBRU ARY 27, 1933 . 933 Pleadings. Verification of. VERIFICATION OF PLEADINGS SEC. 150. VER IFICA TION OF PLEADINGS .-Every pleading mu st be subsc ribed by the pa rty or his atto rney ; and when the complaint is verified, or when the Government, or any officer of the Govern- ment, in his official capacity, is plaintiff, the answer must be veri- fied, unless the admission of the truth of the complaint might sub- ject the party to a criminal prosecution, or, unless an officer of the Government, in his official capacity, is defendant. In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matte rs th at he beli eves it to be true ; and where a pleading is verified, it must be by the affidavit of a party, unless the parties are absent from the division where the attorney has his office, or fr om some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person exc ept one of the par ti es, he must set forth in the aidavit the re a- so ns why it is not made by one of the parties. When a corporation is a party, the verification may be made by any officer thereof. When the G overn ment, or any officer of the Government in his off ic ial capacity, is plaintiff, the complaint n eed not be verified. 'SEC. 151. COP Y OF WR ITTEN INST RUMEN T CON TAINE D IN COMPL AINT ADMI2-rJ D, UNLESS ANSWER IS VERIF IED.--When an action is brought upon a written instrument, and the complaint contains a copy of such instrument, or a copy is annexed thereto, the genuineness and due execution of such instrument are deemed admitted, unless the answer denying the same be verified. SEC. 152. WH EN DEFENSE IS FOUNDED ON WR ITTEN INST RUMEN T SET OUT IN ANSWER, ITS EXECUTION ADMITTED, UNLESS DENIED BY PLAINTIFF UNDER OATH. -Wh en the defe nse to an actio n is found ed on a wr itten instrument, and a copy thereof is contained in the answer, or is annexed thereto, the genuineness and due execution of such instru- ment are deemed admitted, unless the plaintiff file with the clerk, within ten days after receiving a copy of the answer, an affidavit denying the same, and serve a copy thereof on the defendant. SE C. 153. EXCEPTIONS TO RULES PRE SC RIB ED BY TW O PRECEDING SEC- TIoNs .- Bu t the execution of the instrument mentioned in sections 151 and 15 2, is not deemed admitted by a fa il ure to deny the sa me und er oath, if the party des ir ing to controvert the same is, up on demand, refused an inspection of the original. Suc h demand must be in writing, served by copy, upon the adverse party or his attorney, and filed with the papers in the case. GENERAL RULES OF PL EADIN G SEC. 15 4. • PLEADI NGS To BE LIBERALLY CONSTRUED : In the construc- tion of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. SEC. 15 5. SHAM AND IRRELEVANT ANS WERS , AND SO FOR TS, MAY BE STRICHEN oUT .-Sham and irrelevant answers, and irr el eva nt and redundant matter inserted in a pleading, may be stricken out, upon such terms as the court may, in its discretion, impose. SEC. 156 . HOW TO STATE AN ACCOUNT IN A PLEADING .-It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, withi n fiv e day s aft er a deman d the reof in wr iting , a c opy of the Admittance of copy of instnfment in com- plaint, etc. In defense. Exceptions. General rules of pleading. To be liberally con. etrued. eta irrelevant answers. Statin g an ac count.