case wile against hendy in trespass for kill the plaintiff dog if the  declaration be by recital whereas e the court after verdict will permit it to  be amend by the bill S C stram this be a motion after a verdict for the  plaintiff to amend the record of nisi prius and the issue roll by the bill on  the file the court will not permit the time of fill the bill to be inquire  into a by strike out the word whereas in a action of trespass for kill the  plaintiff dog cro James Forster v Blackwell easter term in the ten year of  George the second   it be say against the amendment that the declaration  beginning by the word whereas which be more than a recital and no positive  allegation of any part be not amendable because matter of substance in case  covenant c whereas be good because it be only inducement and that which be the  get of the case afterward positive allege suppose no consideration be allege  in assumpsit this court can amend want of certainty be not amendable by the  statute of car c which be the only Act on which this amendment can be make  Cooper v Spencer Mod SC stram b modern it be say on the other side this come  within the proviso of the statute of car c because it will alter the issue  none be join as it stand on modern er p the recital see Yelv cro car a in the  case of smith v BlackerlyMich term Geo b in trover for a gelding it be move to  amend the nisi prius roll by the bill by alter the defendant name to the  plaintiff and the court amend it lee chief justice the objection without a  amendment be sufficient to arrest the judgement and the amendment can be make  without something to amend by it appear that here be a bill on the file and we  can take notice when it be file but must take it to be file before the record  of nisi prius be make up the question then will be whether the clerk not  pursue his instruction though in a matter of substance be not a misprision the  rule that I have observe to prevail be whether the clerk have a proper  foundation to make up the record right and whether the amendment do not extend  to affect the authority of the judge at the trial of the cause this amendment  do not for the enquiry upon this issue can only be whether the defendant kill  the plaintiff dog which must have be if the declaration have be right in the  case of smith v FowlerMich term will in the common plea ld ray c trover  against fifteen the plaintiff in lie the conversion have omit one of the  defendant all plead not guilty and after verdict though no issue be join as to  one yet the court amend the declaration for it be suppose there be evidence  against they all or else the judge will not have admit the verdict in the  present case here be a bill to amend by and as this be right we must look on  the mistake as a misprision of the clerk and so amendable the rule be make  absolute modern michaelmas term the fifteen of George the second in the king  bench sir William lee Knt chief justice sir Francis page Knt sir William  chapel Knt Martin wright Esq justice sir Dudley rider Knt attorney general sir  John strange Knt solicitor general