"S. 144. The defendant may demur to the complaint, when it shall appear upon the face thereof, either "1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, "2. That the plaintiff has not legal capacity to sue; or, "3. That there is another action pending between the same parties for the same cause; or, "4. That there is a defect of parties, plaintiff or defendant; or, “5. That several causes of action have been improperly united; or, "6. That the complaint does not state facts sufficient to constitute a cause of action. "S. 145. The demurrer shall distinctly specify the grounds of objection to the complaint. Unless it do so, it may be disregarded. It may be taken to the whole complaint, or to any of the alleged causes of action stated therein. "S. 146. If the complaint be amended, a copy thereof must be served on the defendant, who must answer it within twenty days, or the plaintiff, upon filing with the clerk proof of the service, and of the defendant's omission, may proceed to obtain judgment, as provided by s. 246; but where an application to the court for judgment is necessary, eight days' notice thereof must be given to the defendant. "S. 147. When any of the matters enumerated in s. 144 do not appear upon the face of the complaint, the objection may be taken by answer. "S. 148. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court and the objection that the complaint does not state facts sufficient to constitute a cause of action. "S. 149. The answer of the defendant shall contain,— "1. In respect to each allegation of the complaint controverted by the defendant, a general or specific denial thereof, or a denial thereof according to his information and belief, or of any knowledge thereof sufficient to form a belief. 66 2. A statement of any new matter constituting a defence, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended. "S. 150. The defendant may set forth, by answer, as many defences as he shall have. They shall each be separately stated, and refer to the causes of action which they are intended to answer in any manner by which they may be intelligibly distinguished. "S. 151. The defendant may demur to one or more of several causes of action stated in the complaint, and answer the residue. "S. 152. Sham answers and defences may be stricken out on motion. "S. 153. When the answer shall contain new matter, the plaintiff may, within twenty days, reply to it, denying generally or particu larly each allegation controverted by him, or any knowledge or information thereof sufficient to form a belief; and he may allege, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, any new matter not inconsistent with the complaint, in avoidance of the answer; or of any defence set up therein; or he may demur to the same for insufficiency, stating in his demurrer the grounds thereof. And the plaintiff may demur to one or more of several defences set up in the answer and reply to the residue. "S. 154. If the answer contain a statement of new matter constituting a defence, and the plaintiff fail to reply or demur thereto within the time prescribed by law, the defendant may move on a notice of not less than ten days for such judgment as he is entitled to upon such statement, and, if the case require it, a writ of inquiry of damages may be issued. "S. 155. If a reply of the plaintiff to any defence set up by the answer of the defendant be insufficient, the defendant may demur thereto, and shall state the grounds thereof. "S. 156. No other pleading shall be allowed than the complaint, answer, reply and demurrers. "S. 157. Every pleading in a court of record must be subscribed by the party or his attorney, and when any pleading in a case shall be verified by affidavit, all subsequent pleadings, except demurrers, shall be verified also; and in all cases of the verification of a pleading, the affidavit of the party shall 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 matters that he believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless he be absent from the county where the attorney resides, or, from 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 except the party, he shall set forth, in the affidavit, his knowledge, or the grounds of his belief, on the subject, and the reasons why it is not made by the party. When a corporation is a party, the verification may be made by any officer thereof; and when the State, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts, except that, in actions prosecuted by the Attorney-General, in behalf of the State for the recovery of real property, the pleadings need not be verified. "S. 158. It shall not be necessary for a party to set forth, in a pleading, the items of an account therein alleged; but he shall deliver to the adverse party, within ten days, after a demand thereof in writing, a copy of the account verified by his own oath, or that of his agent or attorney, to the effect that he believes it to be true, or be precluded from giving evidence thereof. The court, or a judge thereof, or a county judge, may order a further or more particular bill. "S. 159. In the construction of a pleading, for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties. "S. 160. If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment. "S. 161. In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction; but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction. "S. 162. In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts, showing such performance; but it may be stated generally that the party duly performed all the conditions on his part; and if such allegation be controverted, the party pleading shall be bound to establish on the trial the facts showing such performance. "S. 163. In pleading a private statute, or a right derived therefrom, it shall be sufficient to refer to such statute, by its title and the day of its passage, and the court shall thereupon take judicial notice thereof. ❝S. 164. In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on trial, that it was so published or spoken. "S. 165. In the actions mentioned in the last section, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, 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. "S. 166. In an action to recover the possession of property distrained doing damage, an answer that the defendant, or person by whose command he acted, was lawfully possessed of the real property upon which the distress was made, and that the property distrained was, at the time, doing damage thereon, shall be good, without setting forth the title to such real property. “S. 167. The plaintiff may unite several causes of action in the same complaint, where they all arise out of, "1. Contract, express or implied; or, "2. Injuries with or without force, to the person; or, 5. Claims to recover real property, with or without damages, for withholding thereof, and the rents and profits of the same; or, "6. Claims to recover personal property, with or without damages, for the withholding thereof; or, "7. 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 require different places of trial, and must be separately stated. "S. 168. Every material allegation of the complaint, not specifically controverted by the answer, as prescribed in s. 149; and every material allegation of new matter in the answer, not specifically controverted by the reply, as prescribed in s. 153, shall, for the purposes of the action, be taken as true. But the allegation of new matter in a reply shall not in any respect conclude the defendant, who may on the trial countervail it by proofs, either in direct denial or by way of avoidance. ❝S. 169. No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defence, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction of the court, and in what respect he has been misled; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. "S. 170. Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs. "S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but a failure of proof. "S. 172. Any pleading may be once amended by the party of course, without costs, and without prejudice to the proceedings already had, at any time before the period for answering it shall expire, or within twenty days after the answer to such pleading shall be served. In such case a copy of the amended pleading shall be served on the adverse party. "S. 173. The court may at any time, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or by conforming the pleading or proceeding to the facts proved. The court may likewise, in its discretion, allow an answer or reply to be made, or other act to be done, after the time limited by this act, or, by an order, enlarge such time; and may also, at any time, within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise or excusable neglect; and may supply an omission in any proceeding; and whenever any proceeding taken by a party fails to conform in any respect to the provisions of this act, the court shall have power to permit an amendment of such proceeding, so as to make it conformable to law. S. 174. After demurrer, either party may amend any pleading demurred to of course, and without costs, on serving a copy of the same as amended within twenty days on the adverse party, who shall have twenty days to answer, reply or demur thereto, if the pleading amended be a complaint or answer, or demur thereto if it be a reply; but a party shall not so amend more than once. Upon the decision of a demurrer the court may, upon such terms as shall be just, allow any party to withdraw the same and plead over. "S. 175. When the plaintiff shall be ignorant of the name of a defendant, such defendant may be designated in any pleading or proceeding by any name; and when his true name shall be discovered, the pleading or proceeding may be amended accordingly. "S. 176. The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings, which shall not affect the substantial rights of the adverse party; and no judgment shall be reversed or affected by reason of such error or defect. "S. 177. The plaintiff and defendant respectively may be allowed, on motion, to make a supplemental complaint, answer or reply, alleging facts material to the case, occurring after the former complaint, answer or reply, or of which the party was ignorant when his former pleading was made." As our extracts have already been so long, we must pass without comment the 7th, 8th and 9th titles, which appear to us, after a careful perusal, to contain nothing very dissimilar to our own laws. They treat respectively of, Provisional remedies. Execution and judgment. The 10th title is devoted to the subject of costs. It contains sections specifying the actions in which costs will be allowed to the plaintiff as of course, and the amount thereof; also when costs will be allowed to the defendant, and amount thereof. In other actions, not therein specified, costs are in the discretion of the judge; but the section which is open to most criticism, is one which we shall give verbatim, and although we confess that we feel upon peculiarly tender ground, we must record our unqualified disapproval of it. It enacts, that" all statutes establishing or regulating the costs or fees of attornies or counsel in civil actions, |