Cope, J. concurring.
It is apparent that no such construction can be given to the Act of 1860, amendatory of the Practice Act, as the appellant contends for; by such construction, the forty-sixth section and the sixty-fifth section would be in irreconcilable conflict. The object of the amendment to the forty-sixth section was to provide for a replication introduced under the act; and the object of the amendment .to section sixty-five was to provide for the effect of matters in the -replication; but it was not designed to work a change in the character of the answers, or to abolish the distinction as between those verified and those not verified. The omission of the words “ when it is verified,” in the amendment to section sixty-five, is a mere clerical misprision, readily corrected by reference to the whole body of the original act and .amendments.
Judgment affirmed.