Amendment

In Practice. The correction, by allowance of the court, of an error committed in the progress of a cause, whether in process, pleading, proceedings, or judgment. It has been held not to include the substitution of a new pleading. 31 How. Pr. (N. Y.) 164; but see 4 Daly (N. Y.) 494. In Legislation, An alteration or change of something proposed in a bill or established as law.

In Legislation. An alteration or change of something proposed in a bill or established as law. Thus the senate of the United States may amend money-biils passed by the house of representatives, but cannot originate such bills. The constitution of the United States contains a provision for its amendment;. U. S. ('oust. art. 5. In Practice. The correction, by allowance of the court, of an error committed in the progress of a cause. Amendments, at common law, independently of any statutory provision on the subject, are in all cases in the discretion of the court, for the furtherance of justice. Under statutes in modern practice, they are very liberally allowed in all formal and most substantial matters, either without costs to the party amending, or upon such terms as the court think proper to order. See Jeofaille. An amendment, where there is something to amend by, may be made in a criminal as in a civil case; 12 Ad. & E. 217; Com. v. Parker, 2 Pick. (Mass.) 550. But an indictment, which is a finding upon the oaths of the grand jury, can only be amended with their consent before they are discharged; 2 Hawk. PL Cr. c. 25, §§ 97, OS; Com. v. Child, 13 Pick. (Mass.) 200; State v. Mc- Carthy, 17 R. I. 370, 22 Atl. 282; but see Miller v. State, 08 Miss. 221, 8 South. 273. In many states there are statutory provisions relative to the amendment of indictments; State v. Curtis, 44 La. Ann. 320, 10 South. 784. A bill of exceptions when signed and filed becomes a part of the record and may be amended like any other record; Martin v. R. Co., 53 Ark. 250, 13 S. W. 7G5; Lefferts v. State. -It) N. J. Law 26, 6 Atl. 521; Pollard v. Rutter, 35 111. App. 370; Burdoin v. Town of Trenton, 116 Mo. 358, 22 S. W. 728. An information may be amended after demurrer; 4 Term 457; 4 Burr. 25(i8. At common law a mistake in an information may be amended at any time; State v. White, 64 Vt. 372, 24 Atl. 250. Where a verdict is supported by evidence, a pleading will be considered as amended; Haley v. Kilpatrick, 104 Fed. 647, 44 C. C. A. 102. Where, in the course of a trial, it appears that the pleadings should be amended, the usual practice is to move that "the declaration (or other pleading) be amended to conform to the facts." Ordinarily no further action is required. An amended pleading speaks as of the time of the original; Baltimore & O. R. Co. v. Mc Laughlin, 7:; Fed. 519, 19 C. C. A. 551. It is not permitted by amendment to make an entirely new case; In re Sims, 9 Fed. 440.

In practice. The correction of an error committed in any process, pleading or proceeding at law or in equity, and which is done either of course or by the consent of parties or upon motion to the ceurt in which the proceeding is pending. 3 Bl. Comm. 407, 448; 1 Tidd, Pr. 696. Hardin v. Boyd, 113 U. S. 756, 5 Sup. Ct 771, 28 L. Ed. 1141. Any writing made or proposed as an improvement of some principal writing.

In legislation. A modification or alteration proposed to be made in a bill on its passage, or an enacted law; also such modification or change when made. Brake v. Calli-Bon (C. C ) 122 Fed. 722.

The correction of an error in a ceeding.

In practice. Tha correction of an error committed in any process, pleading, or proceeding at law, or in equily, and which is done either of course, or by the consent of parties, or upon motion to the Any wriling made or proposed as an improvement of some principal writing.

In legislation. A modification or alteration proposed to be made in a/bill on its pasgage, or an enacted law; also such modilication or change when made.

2 1. Correction of a fault; the curing of a defect; alteration for the better; improvement. Whence amendatory. " Amend," in its most comprehensive sense, means to better... When a defendant is allowed to withdraw one plea or answer and to substitute another which rightly sets out his defense, it is a change for the better — an " amendment." ^ Also, the writing or instrument made or proposed, which embodies the improvement. Used of the correction, proposed or actually made: of an error in the pleadings or proceedings in a pending cause; of changes in bills, statutes, and ordinances, by lawmakers; of altei'ations in charters and bylaws: of changes in constitutions. Material amendment. In pleading, such change in the substance of a party's case as destroys its former identity and occasions surprise {q. v.) in his adversary. At common law, proceedings being in fieri till judgment, the coin'ts allow amendments up to that point. After judgment enrolled, no amendment is permitted at a subsequent term; for only during the first term is the record in the breast of the court.* See further Record, 2. An indictment, being a finding upon the- oaths of the grand jury, can be amended only by their consent. See Indictment. Allowipg amendments is incidental to the exercise of all judicial power, and indispensable to the ends of justice. Usually to permit or refuse any particular amendment rests in the discretion of the court; the result is not assignable for error.' An appellate court w Ul regard as made such amendment to a verdict as should have been made in the court below." A bill in equity may be amended, when found defective in parties, in prayers for relief, or in the omission or mistake ot some fact or circumstance connected with the substance of the case, but yet not forming the substance itself, or for putting in new matter to meet the allegations m the answer. That is to say, by amendment the plaintiff may not make a new bill.' " Dale County v. Gunter, 46 Ala. 142 (1871), Peck, C. J. 2 F. amender: L. emendare, to free from fault. ' [Diamond v. Williamsburg Ins. Co., 4 Daly, 500 (1873), Daly, C. J. ■1 3 31. Com. 407-8. »Tilton V. Cofield, 93 U. S. 166 (1876); International Bank-u. Sherman, 101 id. 406 (1879); Tiernan v. Woodruff, 5 Mc Lean, 138 (1860), cases; 11 F. R. 781; 13 id. 663-55, cases; 132 Mass. 194. » Shaw V. North Penn. R. Co., 101 U. S. 567 (1879). In reference to amendments of equity pleadings generally, the courts have found it impracticable to lay down a rule for all cases. Their allowance, at every stage, must rest in discretion — a discretion depending largely upon the special circumstances of each case. But the ends of justice should never be sacrificed to mere form, nor by a too rigid adherence to technical rules of practice. Where the application comes after the litigation has continued some time, or when granting it would cause serious inconvenience or expense to the opposite side, great caution should be exercised. Where it would materially change the very substance of the case made by the bill, and to which the parties have directed their proofs, an amendment should rarely, if ever,be"permitted.^ -See

[L. Fr. amendement; L. Lat. emendatio.] In practice. The correction of an error committed in any process, pleading or proceeding at law, or in equity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pending. 3 Bl. Com. 407, 448. 1 Tidd's Pr. 696. 8 Co. 156, [319.] Mansel on Demurrer, 104, 149. Mitford's Chanc. Pl. 13. 1 Daniell's Chanc. Pr. 464. 2 Id. 911. 1 Barbour's Chanc. Pr. 206. Com. Dig. Amendment. United States Digest, Amendment.

practice, is the correction by the court of an error committed in the progress of a cause. on the subject, are in all cases in the discretion of the court, for the furtherance of justice; they may be made while the ere in paper, that is, until judgment is signed, and during the term in which it is signed; for until the of end the term the proceedings are considered only in feri, and consequently subject to the control of the court; 2 Burr. 756; 3 BI. Com. 407; 1 Salk. 47; 2 Salk. 566; 3 Salk. 31; Co. Litt. 260; and even after judgment is signed, and up to the latest period of the action, amendment is, in most cases, allowable at the discretion of the court, under certain statutes passed for allowing amendments of the record; and in late times the judges have been much more liberal ‘than formerly, in the exercise of this discretion. Amendments are, however, always limited by due consideration of the rights of the opposite party; and, when by the amendment he would be prejudiced or exposed to unreasonable delay, it is not allowed. Vide Bac. Ab. h. t.; Com. Dig. h. t.; Viner’s Ab. h. t.; 2 Arch., 280; Grah. Pr. 524; ‘Steph. Pl. 97; 2 Sell. Pr. 453; 3 Bl. Com. 406. AMEN DS is a satisfaction given by a wrong doer to ‘are for a wrong paibachoel ast Lilly’s Reg. 81. Upon being notified an intended suit against them, justices of the peace, and some other officers, may make a tender of amends, and if the plaintiff recover no more than the amount tendered, he shall pay the costs.