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 account when the one delivered is defective, and the court may in all cases order a bill of particulars of the claim of either party to be furnished. $159. In the construction of a pleading, for the pur pose of determining its effect, its allegations shall be liberally construed, with a view of substantial justice between the parties. $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. § 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. $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 con troverted, the party pleading shall be bound to establish on the trial, the facts showing such performance. In an action or defence, founded upon an instrument, for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims. $ 163. In pleading a private statute, or a right de rived 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. § 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 concern. ing the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on trial that it was so published or spoken. $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. 3166. In an action to recover the possession of propy distrained doing damage, an answer that the defendtor person by whose command he acted, was lawlly 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. $167. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action; 2. Contract, express or implied; or 3. Injuries with or without force, to person and erty, or either; or 4. Injuries to character; or prop 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 of these classes, and except in actions for the foreclosure of mortgages must affect all the parties to the action, and not require different places of trial, and must be separately stated. In actions to foreclose mortgages the court shall have power to adjudge and direct the payment, by the mortgago, of any residue of the mortgage debt that may remain unsatisfied after a sale of the mortgaged premises, in cases in which the mortgagor shall be personally liable for the debt secured by such mortgage; and if the mortgage debt be secured by the covenant or obligation of any person other than the mortgagor, the without setting fo 167. The plain veral causes of ac been heretofore dend here they all arise 1 The same with the same subject 2 Contract, expres 3 Injuries with or v ty, or either; or + Injuries to characz 5. Claims to amages, for withholding s of the same; Claims to recover perso damages for the withholdi Claims against a trustee, b operation of law. recover 1 But the causes of action, so unit actions to foreclose mortgage 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. § 167. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same subject of action; 2. Contract, express or implied; or 3. Injuries with or without force, to person and property, or either; or 4. Injuries to character; 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 of these classes, and except in actions for the foreclosure of mortgages must affect all the parties to the action, and not require different places of trial, and must be separately stated. In actions to foreclose mortgages the court shall have power to adjudge and direct the payment, by the mortgago, of any residue of the mortgage debt that may remain unsatisfied after a sale of the mortgaged premises, in cases in which the mortgagor shall be personally liable for the debt secured by such mortgage; and if the mortgage debt be secured by the covenant or obligation of any person other than the mortgagor, the |