The Port Gibson herald, and correspondent., 1850-04-05

DEC. o. De II JuTtfler enacted, That in an ac-
ton for libel or SANDER, it shall not be necessary
to state any intrinsic 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 al
legation be controverted, the plaintiff shall be
bound to establish on trial, that it was spoken
or published; and in such actions the defendant
may, in his answer, allege both the truth Of the
matter charged as defamatory and any mitiga-
ting circumstances, TO reduce the amount of the
damages; and whether he prove the justifca-
ton, or not, he may give in evidence the mitiga-
ting circumstances.
Sec. 9. And be IL further enacted. That the
plaintiff may unite several causes of action in
the same complaint, where they are all en-
braced in either of the following classes, to-wit:
|. Where they arise out Of contract, express
or implied; or,
IT, Injuries, with or without force TO the per.
son; or.
Iii. Injuries, with or without force to proper
ty; or,
~. Injuries to character; or,
v. Claims to recover real property, with or
without damages for Withholding thereof, and
the rents and profits of the same; or,
vi. Claims to recover personal property, with
or without damages for the Withholding thereof;
but the causes Of action, so united, must all be-
long to one of these classes, and must affect all
parties TO the action, and not require different
places of trial, and must be separately stated.
Sec. 10. Be 1t further enacted That every ma
terial allegation of the complaint not speeihcal-
" controverted by the answer, as prescribed in
section four, and every material allegation Of new
matter in the answer, not specifically controver-
ted by the reply, as prescribed in section five,
shall, for the purposes Of the action, be taken as
true; but the allegation of new matter in 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 evidence.
Sec. IL. Be IL further enacted, That no variance
between the allegation and the proof shall be
deemed material, unless it have actually mised
the adverse party, to his prejudice in maintaining
his action or defence, upon the merits; whenever
itshall 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 mis-
led and thereupOn the court may order the plead
ings to be amended upon such terms as may be
just; but when the variance is not material, the
tothe evidence, or may order an immediate amend
ment without costs; where, however, the aliega-
ton of the cause Of action or defence to which the
proof is directed, is improved, not in some part-
cuiar or particulars only, but in its entire scope
and meaning, it shall not be deemed a case OF va
rance, either material OF mmaterial, but fail
ure of proof.
Sec. IL. Be ii further enacted, That any plead
MAJ bn daJ h,,t tIo rftro of
withou costs ssa ini:hout pf0ludIce to the pro-
ceediags already had: Eg.arided, the same be
made at or before the second term or ,i.o court
after filing the complaint, or upon the appearance
of the party in court; and the pleadngs shall, in
all cases, be made up and prepared for trial at the
second term of the court after the filing OF the
complaint, when the party shall be duly in court
unless special cause shall be shown by either
party requiring further time.
Sec. l3. Be Il further enacted That the court
may at any time, in furtherance of justice, and
on such terms as may be proper, amend any plead
ing, by adding or striking out the name OF any
party, or mistake in any other respect, or BY
inserting other allegations material to the case
or by confirming the pleadings TO the facts prov
ed; the court may, in its discretion, allow an an
swer reply to be made after the first term, ant
whenever any proceeding taken by party, fails
to conform in any respect to the provisions o Thu
act, the court shall have power to permit al
amendment o. such proceeding, so as to make
conformable to law.
Sec IA. Be ii further enacted, That after de
murrer, either party may amend any pleading de
INJURED 10 OF course, and without costs: Provided
the same be done during the term of the courI
when the demurrer is decided; but party shal
, fbn anfct
of demurrer, the court may. upon such term
as may be just, allow any party to withdraw tn
: same and plead over; when the plaintiff shall
ignorant of the name of a defendant, such defer
dant, may be designated in any pleading by an
name, and when his true name shall be discover
ed, the pleading may be amended accordingly.
> Sec. IS. BE it. further enacted, That the coul
shall in every stage of the action, disregard an
error, or defect in the peadings or proceed
ngs, which shall not affect the snbstantli
!, rights of the adverse party; and no luds
i ment shall be reversed or affected by reason
4 such error or defect; the plaintiff and detendan
I respectively, may be allowed, on motion, to maE
: a supplemental complaint, answer or reply, ael
ing facts material to the case, occurring after II
i former complaint, answer or reply, or OF whic
e the party was ignorant when his former plea
Z ing was made.
It Sec l6. Be IL furth enacted That in all attac
], ments returnable into the circuit courts OF tn
e State the court may, on motion of the defenda
:, order an issue to jury to be made up and trl'
e during the term to which such attachment is r
II turnable, to determine whether the same WI
e wrongfully sued out; and if tie jury shall find tn
is such attachment was wrongfully sued Quit sha
IS be dismissed with costs and damages, to be a
a sessed by such jury againstthe party thus wron
J. fully suing out the same; but if the issue shf
er be determined against the defendant in attac
m ment, he shall be permitted to answer upon SUE
le terms as the court shall think just. And tn
to this act shall take effect and be in force from al
ut after the first day of July next
n Sec. II. And be it further enacted That I
ut process to bring party into court in all su
or commenced under the provisions of this act shi
e, be summons, which shall be tested, issued, e
'i; dorsed, made returnable and executed in Il
OF manner now prescribed by law for the test iss
ance, endorsement, return and execution OF sil
be liar process. JOHN ]. McRAE,
of Speaker Of the House of Representative
be JOHN |. GUlON,
al President of the Senate, pro te
e. Approved March 9th 1850.
ay ]. A. QUITMAN.
d. AN ACT regulating the payment OF the fees
e. Clerks and returning officers OF President
4 knf.e .