Bonfield who tam c versus milner declaration in a who tam for usury amend in  alter the date of the note all be in paper see durn burr burr vin durn urn in  a who tam action for usury Mr stow show cause against make absolute a rule of  Mr yates for discharge a rule which have be before obtain by Mr stow himself  for amend the declaration in alter the date of the note all be in paper he  cite Griffith who lamb c v Hollyer Trin g b r where the plaintiff have leave  to amend his declaration by lie the venue at Alcester in Warwickshire instead  of Woodstock in Oxfordshire and the court be clear that it may be do at any  time while the proceed be in paper and Mr just denison declare and repeat that  it be a amendment at commonlaw Mr Norton and Mr Yates contraThe last day of  last term this motion be deny to Mr stow here be issue join and enter on the  roll and many term have elapse since the commencement of this action and the  amendment propose be to vary the count to add a new count which be a new kind  of action for it be to alter the date of the note v post p Welford v Davidson  that July Hodson who lamb c v milner Trin a case very like this though not  precise the same burrow er p the statute do not extend to penal action and at  commonlaw they come too late burrow in sir William turner case it be not allow  after issue join and Mr stow former rule be discharge on that authority upon  Mr althams motion Lord MansfieldThe rule be that while all be in paper you may  amend here he have only mistake the date in the exchequer they amend penal  information to be sure the statute of amendment do not extend to penal action  a this be a amendment at commonlaw Mr just DenisonThere be no difference  between civil and penal action where they apply as for a amendment at  commonlaw and all be in paper per cur unanimous Mr Yates rule to show cause  why upon payment of the plaintiff cost of make the former rule of last term  absolute together with the cost of this application the say former rule of  Wednesday prox post tres Trin shall not be discharge be now itself discharge