in  actions  at  law,  charge  in,  taken  to  be  true  on

default  of  defendant, 058

In  personal  actions,  how  named,  and  forms

of, 053,  ()54,  003-006

need  not  aver  what  is  not  required  to  be

proved, 053

may  state  the  substantivefacts,  without  ver-
biage,     653

need  contain  but  one  count,  but  with  any

number  of  breaches, 051

may  assign  breaches  in  the  alternative, .  .  .    65i

same  count  not  to  include  two  causes  of  ac-
tion on  same  contract  except  the  count
on  the  account  annexed, 654

may  include  different  causes  of  action,  be-
longing to  same  division, 054

in  actions  of  contract  and  tort  not  to  be
joined,  unless  it  is  doubtful  to  which
class  a  cause  belongs, 654

a  count  in  contract  and  a  count  in  tort  for  the
same  cause  of  action  may  be  joined,
with  an  averment  that  they  are  for  the
same  cause, 054

common  counts  not  to  be  used  unitedly,   .   .    054

count  on  account  annexed,  may  be  used  in

certain  cases, 654

supplemental  may  be  made  alleging  facts
occurring  or   becoming  known  after

former  declaration, 657

On  written  instruments,  except  policies  of
insurance,  to  set  out  copy  or  legal  ef-
fect of  instrument, 654

need  not  contain  profert  or  excuse, 054

to  state  substance  of  instruments,  lost  or  de-
stroyed,     354

On  bonds,  conditional  obligations,  and
contracts,  or  grants,  to  set  forth
condition  and  breaches, 054

against   parties    severally  liable   on    same

written  contract,  how  made, 054

referring  to  a  general  statute,  may  specify
chapter,  or  make  some  other  general
reference, 654

in  actions  of  tort  for  breaking  and  entering
plaintiff's  close,  shall  designate  the
place  by  name,  abuttals,  or  othermse,

054,  055

need  not  be  inserted  in  writ  in  actions  of  con-
tract and  tort  unless  an  arrest  is  made,    655

may  be  tiled  in  clerk's  office  on  or  before  re-
turn day  unless  an  arrest  is  made,   .   .    055

to  be  furnished,  with  bill  of  particulars,  to
defendant  within  three  days  after  de-
mand, when  attaciiraent  is  made, .   .   .    655

if  not  inserted  in  writ,  or  filed,  action  shall

be  discontinued, 655

may  be  filed  on  leave  of  court  during  return

term,     655

on  the  common  counts,  bill  of  particulars  to

be  filed  with,  and  numbered, 655

not  to  be  abated  for  circumstantitd  errors,

&c.,  or  defects  in  form, 657


DECLARATIOlSr,  &o.  — continued.
