Page:United States Statutes at Large Volume 31.djvu/397

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FI.FTY—SIXTH CONGRESS. Sess. I, Ch. 786. 1900. 345 the party pleading shall be bound. to establish on the trial the facts showing such performance. · SEc. 79. In pleading a rivate statute, or a right derived therefrom, 1P;idv=g¤¢¤wt¤t¤,h¤w it shall be sufficient to refer to such statute by its title and the day of P ° ° ' its passage, and the court shall thereupon take judicial notice thereof. _ SEo. 80. In pleading an ordinance or enactment of any incorporated p1g;j{e§jd‘“““°°·h°" city, town, or village, or a right derived therefrom, in any action, o1· proceeding, it shall be sufficient to refer to such ordinance or enactment by its title and the day of its approval, and the court shall thereupon take judicial notice thereof. Sec. 81. In an action for libel or slander it shall not be necessary to hggbsjeaggd Sl**¤d°*· state in the complaint any extrinsic facts for the purpose of showin ` the application to the plaintiff of the defamatory matter out of whicg the cause of action arose, but it shall be sufficient to state generally that the same was ublished or spoken concernin the plaintiff, and if such allegation he controverted the plaintiff 51all be bound to establish on trial that it was so published or spoken. _ Sec. 82. In the actions mentioned in the last section the defendant edv`g‘1“§,’}g”$,§,l§E,§’i,$,“§{ may, in his answer, allege both the truth of the matter charged as mesdefamatory and any mitigating circumstances to reduce the amount of damages; and whether he prove the justification or not he may give in evidence the mitigating circumstances. _ _ Sec. 83. In an action to recover the possession of property dis- ,e§;.§,P_§§‘§§,§,“ trained doing damage, an answer that the defendant or person by whose ¤f¤r¤v¤¤W<i£¤r¤i¤¤d- command he acted was lawfully ossessed of the real property upon which the distress was made, ami) that the pro erty distrained was at the time doingl damage thereon, shall be good) without setting forth the title to suc real property. W Sec. 8-1. The plaintiff may unite several causes of action in the same mYX*g;y°%g¤§;,$;d%$ complaint when they all arise out of- same ccmpmm. First. Contract, express or implied; or Second. Injuries, with or without force, to the person; or Third. Injuries, with or without force, to property; or Fourth. Injuries to character; or Fifth. Claims to recover real property, with or without damages for the withholding thereof; or . Sixth. Claims to recover personal property, with or without damages for the withholding thereof; or Seventh. Claims against a trustee by virtue of a contract or by operation of law. But the causes of action so united must all belong to one only of these classes, and, must affect all the parties to the action and not re uire different places of trial, and must be separately stated. _ _ %EC. 85. Every material allegation of the complaint not controverted uollieiiiigiimgiigiiizzig by the answer, and every material allegation of new matter in the ed “'“°· answer not controverted by the reply, shall, for the purpose of the action, be taken as true; but the allegation of new matter in a reply is to be deemed controverted by the adverse party as upon a direct denial or the avoidance, as the case may require. _ _ Sec. 86. A material allegation in a pleading is one essential to the l_,,g,{‘i‘},*§,{Sm“°°““l“l` claim or defense, and whic could not be stricken from the pleading without leaving it insufficient as to such claim or defense.