case sir roger Puleston against sir peter Warburton ejectment bring on a  demise bear date subsequent to the ejectment not amendable S c Mod S c salk S  c Carth ejectment on a demise make the ten of April habendum from the  twentyfifth of march then last pass for five year by virtue whereof he enter  and be possess until the defendant April the seven enter and eject he which  declaration be of Trinity term last issue not guilty verdict for the plaintiff  on a trial in Michaelmas term last and it be move in arrest of judgement that  it appear in the declaration that the plaintiff have no cause of action at the  time of the action bring and it be now move that be a plain mistake of the  clerk it be amendable but especial in ejectment which be a creature of the  court set up to try a title wherein accord to every day experience the  defendant be change and sometime the plaintiff and sometime the term of the  demise be enlarge the court give judgement that they will have it amend if  they can but they be judge of law and not of equity and if such amendment  shall be suffer modern report er p great uncertainty will be introduce that if  this be amend the nature of declaration will be alter and another term will be  count on and judgement be now stay after which the counsel of the plaintiff  move that although they can not have judgement for the recovery of their term  yet they may for their cost and damage here be a entry and ouster find which  be sufficient to entitle they to that as if the term expire pen the suit the  plaintiff shall recover his cost and damage though not his term say per curian  contra that in case of the expiration of a term modern report pen the writ the  court shall go on to judgement as to the cost and damage because it be not the  plaintiff fault that the term expire pen the writ and his writ be not falsify  thereby but that it be otherwise in this case because here be no term at all  and the reason of damage in ejectment be the turn the termor out of possession  and here it appear that he have no possession at all afterward it be agree by  consent that they shall amend a that the judgement be for a security that the  defendant shall take a new declaration and that the defendant shall deliver  possession if the verdict be against he and not bring a writ of error trinity  term the nine of William the three in the king bench sir John holt Knt chief  justice sir Thomas Rokeby Knt sir John Turton Knt sir Samuel Eyre Knt justice  sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor general