the indictment was amended by inserting the names of the grand jurors. R. v. Atkinson. 4 East, 175, n. 33. Also the entry roll in the treasury, and the record of nisi prius, in the same cause, were amended, as to the caption of the indictment, by making it agree with the amended caption. 4 East, 176, n. 33. But the amendment of the roll by inserting the names of the grand jurors is unnecessary, the practice of the Crown Office warranting the omission of their names. Per Buller J. R. v. Aylett. 4 East, 176, n. 34. Order to amend writs of fieri facias on a judgment and declaration thereon, conformably to the judgment roll. Braswell v. Jeco. 9 East, 37. A declaration may be amended, after a plea in abatement, but not by adding the name of another defendant, against whom a separate suit was brought for the same demand. Shute v. Davis and another. 2 Johns. Cas. 336. 88. A fieri facias, after it had been returned satisfied, was allowed to be amended. Phelps v. Ball. 1 Johns. Cas. 31. 39. A writ tested on the 12th May, 1806, and returnable the 17th May next, is a nullity, and cannot be amended. Bunn v. Thomas & King, 2 Johns. Rep. 190. 45. A judgment was given for 5,441 dollars and 36 cents, and the ca. sa. issued thereon, was for 5,441 and 37 cents; in an action against the sheriff for an escape, it was held that the execution might be amended. Bissel v. Kip. 5 Johns. Rep. 89. 46. The return of a test. fi. fa. was allowed to be amended, on payment of costs. Ross v. Rogers. 5 Johns. Rep. 163. 47. Á writ made returnable "before us," &c. is voidable only, and may be amended. Morrell v. Waggoner. 5 Johns. Rep. 233. 48. A sci. fa. was amended by the record. substituting September term, 1782, for December term. 1 Dallas, 133. 49. The teste and return of an alias venditioni amended by the attorney's precept on which it issued. 1 Dallas, 197. 50. After report, the rule of reference was amended by the agreement filed, so as to insert the name of Lewis, instead of Levis. 1 Dallas, 379. 51. Amendment of the declaration in ejectment, by enlarging the demise. 2 Dallas, 97. 2. Verdict may be amended by notes of the clerk of assize in civil cases, not in criminal. The King v. Keat. 1 Salk. 47. 1 Salk. 53. The same point, Bold's case. 3. When there has been a general verdiet and entire damages on several counts, some of which are bad, and evidence was only given that applied to the good counts, the verdiet may be amended by the judge's notes, and entered for the plaintiff only on the good counts. Eddowes v. Hopkins. 2 Douglas, 376. lor v. White. 2 Douglas, 746. 4. The judgment was, that the plaintiff should recover, instead of do recover. And after error the court amended it as the misprison of the elerk. Blakey v. Birmingham. Str. 1132. Tay 2 5. Judgment against an executor de bonis propriis, amended. Short v. Coffin, executor of Coffin. 5 Burr. 2730. 6. Upon an indictment if the defendant's clerk in court makes out the nisi prius roll, any variance he may make from the plea roll, shall after a special verdiet to give the defendant the benefit of the variance, be amended. No judgment can be given on a verdict which leaves undecided any part of the matter put in issue. If a special verdict upon an indictment for three offences, finds facts which prove the defendant guilty of two, and refers to the court whether he is guilty of the offences in the indictment, it shall be considered as finding him guilty of the two, and not guilty of the other. The King v. Hayes. 2 L. Raym 1518. S. C. Str. 843. 7. In trespass it was moved in arrest of judgment, that the declaration was with a quod cum; but the plaintiff filing a right bill, the court amended the declaration by it, though, for want of thinking of this before, many judgments had been arrested. Marshal v. Riggs. Str. 1162. 2 8. Trespass for an assault and battery; the defendant pleaded son assault demesne; the plaintiff replies, de son tort demesne absque tali causa and de hoc ponit se super patriam and prædict. Edwardus, (which was the plaintiff's name) similiter, when it should have been the defendant's name; the original, the issue, and the nisi prius roll had both this mistake, but the plea roll was right. Adjudged that it should be amended. Greenwood v. Piggott. 3 Salk. gued. Stephens v. The Manucaptor's of Hudson. 2 L. Raymond, 1137. 3. Information for a misdemeaner amended the day before trial, by a single judge at chambers, on hearing both sides, but without consent on the part of the defendant. Rex v. Wilkes, Esq. 4 Burr. 2527. 4. Information in nature of a quo warranto amended on motion after demurrer, and on affidavit of the mistake. The King v. Ellames. 2 Str. 976. 5. 6. term in ejectment amendable. Lady Cass v. Title. 2 Str. 682. 12. In the case of executors, if the clerk enter judgment de bonis propriis, instead of debonis testatoris, and error is brought, this court will order the entry to be amended, even if the record is sent back from the Exchequer Chamber. Green v. Rennet. 1 Term Rep. 783. 13. Where an executor pleads plene administravit, and the plaintiff does not take issue on it, but takes a judgment of assets quando acciderint; if the executor receive assets between the time of the plaintiff's suing out the writ and the judgment, in a scire facias on such judgment, the court will permit the plaintiff to amend his judgment as to the time, by making it a judgment as of that term when he could at the soonest have entered it up; unless the defendant can shew that in point of fact some injustice will be done by it in the particular case. Mara v. Quin. 6 Term Rep. 1. 14. Where the defendant in replevin made cognizance for rent in arrear, and the jury found a verdict for him, 9. and damages to the amount of the rent claimed in his cognizance, without finding either the amount of the rent in arrear, or the value of the cattle distrained, and the judgment was entered for the damages assessed, the court permitted the defendant to amend his judgment, and to enter a judgment pro retorno habendo, after a writ of error brought. Rees v. Morgan. 3 Term Rep. 349. IV. In intermediate Proceedings. 1. Amendment after special demurrer. Bishop v. Stacey. 2 Str. 954. 2. Amendment by striking out predicti defendentes similiter, after the cause was in the paper, if the plaintiff avers the similiter, and he demurs without striking it out; and the demurrer book is made up with it in, the court will let it be struck out after the demurrer has been ar 7. 8. Information amended without costs after issue joined. The King v. Charlesworth. 2 Str. 871. The court refused to quash an information upon motion which had been exhibited by rule of court, saying that such informations were amendable. The King v. Nixon. 1 Str. 185. An information was laid for an assault in Middlesex, and the court refused to amend it by laying it in London. The King v. Clendon. 2 Str. 911. Amendment of information without costs. Anonymous. 1 Salk. 50. The title of the declaration made agreeable to the truth of the fact, so as to let in defendant to plead in abatement. Wilkes, Esq. v. The Earl of Halifax. 2 Wils. 256. 10. Declaration in a qui tam action amended. Anon. ↑ Wils. 256. 11. Declaration in quare impedit_amended on motion. Reppington Exor v. The Guardians and Governors of Tamworth School. 2 Wils. 118. 12. Declaration in ejectment not amendable. Goodtitle v. Meymoti. 2 Str. 1211. 13. Declaration in trover amended by inserting the name of one of several defendants after error assigned for that defect, all having pleaded, evidence having been given against all, and all having been found guilty. Smith v. Fuller and 14 other defendants. 1 L. Raymond, 116. 14. When a declaration is in parchment, court can mend no farther than is allowable by statutes of a 16. The title of baronet is a title of dignity. In suit by bill no amendment can be made in the bill as to the name of the defendant after he has pleaded a misnomer in abatement, unless the amendment is warranted by the process upon which he was brought into court. Lapiere v. Germain. 2 L. Raymond, 859. 3 Salkeld, 285. 1 Salkeld, 50. 17. The court will give leave to file a new bill to amend by. Russel v. Martin, Russel v. Thorpe. 1 Str. 583. 18. The memorandum of a bill cannot be amended after a plea in abatement respondeas ouster and demurrer. Burgess v. Periam. 1 L. Raymond, 324. 19. Amendment after issue joined in assumpsit laid to testator, amended to executors. The executors of the Duke of Marlborough v. Widmore. 2 Strange, 890. 30. In ejectment the court will amend the nisi prius roll by inserting the name of one of several defendants. Tite v. Episcopum Worcester. 1 L. Raymond, 94. And the judge who tried the cause, if all the defendants appeared upon the trial, will amend the postea. Ibid. 21. Writ of inquiry amended. Hughes v. Alvarez. 2 Str. 684. 22. A joint judgment against a bail, upon several scire facias's, is erroneous. And after the term in which it is entered not amendable. Villars v. Parry and Moor. 1 L. Raymond, 182, 547. 23. The term in ejectment being near expiring, it was amended, without any consent, from five years to ten years. Oates v. Shepherd. 2 Str. 1272. 24. In formedon the plaintiff had leave to amend all his proceedings on payment of costs, and costs of an ejectment. Scott v. Perry. 3 Wils. 207. 2 Black. 758. 25. Plea to indictment of murder amended after replication, and before entry upon the roll. The King v. Knowles. 1 Salk. 47. 1 L. Raymond, 10. 26. The conclusion of a special verdict may be amended after argument, without costs. Any bond from which the intent of the parties can be collected, is good, notwithstanding the most gross incorrectness in the language. A deed with an impossible date be stated to have been made at any time. may And no objection can be taken to an allegation that the date thereof is on a particular day; for the date shall be intended to mean the delivery. Cromwell v. Grumsden. 1 L. Raymond, 335. 2 Salk. 462. 27. Replication amended after verdict, by inserting the similiter instead of &c. Sayer v. Pocock. Cowp. 407. 28. An information filed by the attor ney general against an East India delinquent, under 24 G. 3. c. 25. and 26 G. 3. c. 57. to which the defendant demurs, may be amended in B. R. upon the motion of the attorney general. R. v. Holland. 4 Term Rep. 457. 29. Amendments upon informations are now so much a matter of course, that they are made on an application to a judge at chambers. Term Rep. 458, 4 30. The court will not amend a mandamus after a return has been made to it. R. v. The Mayor, &c. of Staf ford. 4 Term Rep. 689. 31. In certain cases the court will per mit an amendment to be made in a notice at the bottom of a declaration in ejectment. Doe d. Bass v. Roe. 7 Term Rep. 469. 26. Where a general verdict was given on two counts, one of which was bad, and it appeared by the judges notes, that the jury calculated the damages, on evidence applicable to the good count only; the court (of C. P.) amended the verdict, by entering it on that count, though evidence was given applicable to the bad count also. Williams v. Breedon. 1 Bos. & Pull. 329. 27. Where a verdict is given for a greater sum than the amount of the damages laid in the declaration, and for that cause a writ of error is brought, the court will permit the plaintiff to enter a remittitur of the excess above the sum laid in the declaration, on payment of the costs of the writ of error. Pickwood v. Wright. 1 H. Black. 643. 28. The postea may be amended by the judge's notes at any time, even after final judgment and writ of error brought. Doe d. Church v. Perkins. 3 Term Rep. 749. 29. The court will give leave to amend a record by inserting a special memorandum of the day when the plaintiff's bill was filed after a writ of error brought, but no such alteration can be made without leave of the court, though by consent of the other party. Dickinson v. Plaisted. 7 Term Rep. 474. 80. Where in a plea by an executor of a former judgment recovered, by mistake a less sum is stated than the judgment was really for, if it clearly appear that a greater sum was recovered, the court will permit the defendant to amend the record by inserting the real sum in the plea, though the application be not made for the amendment till a considerable time (ex. gr. near three years,) after the record has been made up: but in such case they will allow the plaintiff to reply per fraudem. Skutt v. Woodward (executrix.) Black. 328. 1 H. 31. The court (of C. P.) will not grant leave to amend a recovery on affidavit only it must appear on the face of the deed, to lead the uses that there is sufficient ground for an amendment. Pearson D. Pearson T. & Broughan V. 1 H. Black. 73. 32. That court will give leave to a mend (by the deed to lead the uses) a mistake in the writ of entry in a recovery. Cross D. Grey T. & Pead & al. V. 1 Bos. & Pull. 137. 33. The court amended a recovery by inserting a new parish in the writ of entry, upon an affidavit of the original intent of the parties to include all their property within the county, and of the assent of all persons interested at the time of the amendment. Wheeler D. Hill T. & Heseltine & al. V. 2 Bos. & Pull. 560. 34. A writ and the subsequent proceedings in a recovery, were amended by inserting the words, "all and all manner of tithes whatsoever yearly arising &c. from and out of the said premises," on an affidavit, setting out the vouchee's title to the tithes, and stating his intention to have passed all his interest in the premises, the word "hereditaments" being contained in the deed to lead the uses. Dowse D. Lloyd T. & Reeve V. 2 Bos. & Pull. 578. 35. On the 23d June, 12 G. 3. a recovery suffered on the 2d October, 11 G. 1. of the manor or deanery of Chester le Street, with its members and appurtenances, 30 messuages, &c, and 400 acres of moor, was a mended by inserting, in the writ of entry and subsequent proceedings, after the words "quadraginta acras moræ," the words " ac etiam advocationem, presentationem, donationem, nominationem, liberam dispositionem, et jus patronatus ecclesiæ de Chester le Street, ac etiam advocationem, &c. de curatione de Chester le Street," the word "hereditaments" being contained in the deed to lead the uses, and the intention to pass the advowson with the rest of the premises appearing. although the amendment was con |