Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/418

406 termination of faffs, but by an attaint, or a new trial, to correct the miftakes of the former verdict.

FORMERLY the fuitors were much perplexed by writs of error brought upon very flight and trivial grounds, as mis-fpel- lings and other miftakes of the clerks, all which might be amended at the common law, while all the proceedings were in paper q ; for they were then confidered as only in fan, and there- fore fubject to the control of the courts. But, when once the record was made up, it was formerly held, that by the common law no amendment could be permitted, unlefs within the very term in which the judicial act fo recorded was done : for during the term the record is in the breaft of the court ; but afterwards it admitted of no alteration r. But now the courts are become more liberal ; and, where juftice requires it, will allow of amendments at any time while the fuit is depending, notwithftanding the record be made up, and the term be pall. For they at prefent confider the proceedings as in fan', till judg- ment is given -, and therefore that, till then, they have power to permit amendments by the common law. Miftakes are alfo effectually helped by the ftatutes of amendment and jeofails : fo called, becaufe when a pleader perceives any flip in the form of his proceedings, and acknowleges fuch error (jeo failej he is at liberty by thofe ftatutes to amend it ; which amendment is fel- dom actually made, but the benefit of the acts is attained by the court's overlooking the exception s . Thele ftatutes are many in number, and the provifions in them too minute and particular to be here taken notice of, other wife than by referring to the ftatutes themfelves * ; by which all trifling exceptions are fo thoroughly guarded againft, that writs of error cannot now be maintained, but for fome material miftake affigned.

i 4Burr. 1099. 32 Hen. VIII. 0.30. iSEliz. .14. aijac.l. ' Co. Litt. 260. c. 13. 16 & 17 Car. II. c. 8. ( ftiled in e. Stra. ion. iVentr.ioo. an omnipotent ail) 4 & 5 Anru 1 Stat. i4Edw. III. c.6. g Hen. V. 0.4. c. 16. 9 Ann. c. 20. 5 Geo. I. c. 13. 4 Hen. VI. c. ?. * Hen. VI. c. 12 & 15. Rh