, 1854-05-27
OLYMPIA WASHINGTON TERRITORY SATURDAY, MAY o. 1854

Sec. 40. Every complaint, answer, O
reply, shall be verified by the oath of the
party pleading or if he be not present
by the oath of his attorney or agent, to tn,
effect that he believes it to be true. The
yeriliption shall be oral, or in writing, il
conformity with the pleading verified.
Sect50 Every material allegation in {
comp yint, or relating to a set-off in al
answcS, not denied by the pleading of th,
adverse party, shall, on the trial, be taker
to be true, except that when II defendant
who has not been served with copy Of The
complaint, fails to appear and answer, the
plaintiff cannot recover without proving hi!
case
SEC. 81 Either party may object to O
pleading by his adversary, or to any part
thereof that it is not sufficiently explicit to
enable him TO understand it, or that it con,
tans no cause of action or defence, al
though it he taken as true. If the court
deem the objection well founded, it shall
order the pleading to be amended and il
the party refuse to amend, the defective
pleading shall be disregarded
Sec. 52 A variance between the proof
on the trial, and the allegations in plead.
ing, shall be disregarded as immaterial, un.
less the court be satisfied that the adverse
party has been mislcd to his prejudice
thereby.
Sec. SO. The pleadings may be amended
at any time before the trial, or during the
trial, or upon appeal to supply any def
cheney or omission in the allegations or de-
mails, necessary to support the action or
defence, when by such amendment substan-
tial justice will be promoted Ifthe amend
ment be made after the issue, and it be
made to appear to the satisfaction Of the
court that continuance is necessary to the
adverse party in consequence Of such
amendment, continuance shall be granted.
The court may, also, in its discretion, re-
quire a condition of an amendment, rhc
payment of costs to the adverse party.
Sec. 81. To entitle defendant to any
Set-off he may have against the plaintiff,
he must allege the same in his answer and
the statute regulating set-ofis in the district
court, shall in all respects be applicable to
set-Off in a justices court, if the amount
claimed to be set-olf after deducting the
amount found due the plaintiff, he within
the jurisdiction Of justice of the peace I;
and judgment may, in like manner, be rem
dered by the justice in favor of. the defend
ant, for the balance found due from the
plaintiff
Sec. So. When the set-oT of the de-
fendant proved shall exceed the claim of
the plaintiff and such excess shall in amount
exceed the jurisdiction of a justice Of the
peace, the court shall allow such amount as
is necessary to cancel the plaintiffs claim,
and give the defendant a judgment for
costs but in such case, the court shall not
render Judgment for any further sum in fa-
yor Of the defendant.
Sec. S. When the pleadings Of the
parties shall have taken place, the justice
shall, upon the application of either party,
If the defendant be not under arrest, and
sufficient cause be shown on oath, continue
the case for any time not exceeding sixty
days. If the continuance be on account Of
absence of testimony, it shall be for such
reasonable time as will enable the party to
procure such testimony, and shall be at the
cost of the party applying therefor, unless
otherwise ordered by the justice and in
all other respects shall be governed by the
law as applicable to continuance in the dis
trict court.
OF WITNESSES AND DEPosTIoNs.
Sec. 81. A subpoena issued by justice
of the peace shall be valid to compel the
attendance of witness in Justices court,
if such witness be within twenty miles of
the place of trial.
Sec. SO. A subpoena may be served by
any white person above the age of eighteen
years, by reading it to the witness, or by
delivering to him-a copy thereof, if he re-
ouiro I, or nv lenvinor a cOnV Mt his uSual