bullock versus parson Pas Ann B R ld raym S c distringa with a blank for the  cause of action amendable S C holt authority of a judge of nisi prius be by  Commission of assize vide post raym Inst in debt after verdict for the  plaintiff Mr Eyre move in arrest of judgement that the distringa be with a  blank and debt is owed the cause of action omit so it be a distringa in  another cause on the other side it be urge to be as no distringa and aid by  verdict and that it be amendable hob cro the court Salkeld er p make two  question saint whether the judge of nisi prius have authority to try this  issue et per holt c j the authority of the judge of nisi prius be not by the  distringa but by the commission of assize for it be the e c which give that  the trial by nisi prius and by that statute the trial by nisi prius be give  before justice of assize and at first these trial by nisi prius be always have  and make upon the venire facias and indeed the clause of the nisi prius be by  the e c express order to be insert in the venire facias and trial by nisi  prius continue to be upon the venire facias till e c which require that the  name of the juror be first return into court by this Act two inconvenience be  remedy saint the party may now be prepare to make his challenge the pannel be  first return into court which be not before and dly the defendant be prevent  by this mean to cast a essoin at nisi prius which be use frequent before for  by Marlb c the defendant be allow one essoin and that after issue join upon  the return of the venire by consequence when that be return at nisi prius he  can essoin at nisi prius but now it be return above he must essoin above and  can now essoin at the trial because the trial be upon the distringa and not  upon the venire dly the court hold no distringa or the want of a distringa to  be aid by verdict but a ill distringa be not and remember a case wherein  sander of counsel at the bar drop the distringa out of his hand that he may  want a distringa which will be aid and not keep and show a ill one which will  be nought also they hold it amendable and give judgement pro quer Salkeld  nonsuit c