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Amendment

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

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.