¶1THIS cause was set down for trial. Ingersoll, for the plaintiff, moved for liberty to amend the declaration, and stated it as a settled practice, even in qui tam actions.
¶2Moylan for the defendant :
¶3We cannot oppose the amendment, but we ask no imparlance. The plaintiff may amend at the bar, and we will go on to trial immediately.
¶4The Chief Justice, said, if you amend, the defendants will be intitled to an imparlance and costs.
¶5Rule accordingly.