case birch against lingen discontinuance where amendable S C skin more  judgement be obtain upon a bind twentyfive year since and in one of the  continuances from one term to another there be a blank the executor of the  defendant now bring a writ of error and the plaintiff in the action get a rule  to amend and insert the continuance suggest to the court that it be a  judgement of a few term and so aid by the statute of car c upon this rule the  plaintiff fill up the blank and the record be certify so fill up into the  exchequerchamber Mr pollexfen for the defendant move that the record may stand  as it do at first and that the rule be get by a trick and on a false  suggestion it be a judgement before the restoration of this king and a  discontinuance not amendable for it be the act of the court and for a  authority in the point the case of friend v baker a style Danv Abr a be cite  where after a record certify a motion be make to amend it because day be give  over to the party from easter to Michaelmas term and so trinityterm leave out  where by the opinion of roll chief justice that the give of a day more than be  necessary be no discontinuance but where a day be want it be otherwise but  sander for the plaintiff say that this be only a misprision of the clerk and  no discontinuance but amendable the clerk common leave blank in the venires  and if they neglect to fill they up it be only a misprision and amendable by  the modern er p court and the record be now fill up by the rule of the court  ought not to be raze to make a error modern the chief justice be of opinion  that this be not a discontinuance but a insufficient continuance and a  omission of the clerk only who if he have fill up this blank himself without  rule it can not afterward be set aside but Jones justice be of another opinion  that it be such a misprision of the clerk as be not amendable by the statute  of Henry c since it be not the same term and all the proceed be in the breast  of the court only during the term it ought not to be alter but leave in blank  as it be for where judgement be enter for the plaintiff the court may upon  just cause alter it the same term for the defendant but not of another term  the whole term be but one day in law and though the writ of error be return  into the exchequer that will make no alteration for the record itself remain  still here and it be only a transcript that be remove thither say adjournatur  a