502 



APPENDIX. 



thereto, or any street, highway or avenue leading thereto, or 

 any place of public resort, or any avenue leading thereto, or 

 any street, highway or place adjacent, with intent to commit 

 felony ; and every person aj^prehended as an idle and dis- 

 orderly person, and violently resisting any constable or other 

 peace officer so apprehending him or her, and being subse- 

 quently convicted of the offence for which he or she shall 

 have been so apprehended, shall he deemed a rogue and vaga- 

 bond, within the true intent and meaning of this act; and it 

 shall be lawful for any justice of the peace to commit such 

 offender (being thereof convicted before him by the confession 

 of such offender, or by the evidence on oath of one or more 

 credible witness or witnesses) to the house of correction, there 

 to be hej)t to hard labour for any time not exceeding three 

 calendar months ; and every such picklock key, crow, jack, bit 

 and other implement, and every such gun, pistol, hanger, 

 cutlass, bludgeon or other offensive weapon, and every such 

 instrument as aforesaid, shall, by the conviction of the offender, 

 become forfeited to the king's majesty. 



Allowing 

 amendments 

 to be made 

 on the record 

 in certain 

 cases. 



3 & 4 Will. IV. Cap. 42. 



An Act for the further Ame7idment of the Laiv, and the better 

 Advancement of Justice. 



Sect. 23. And whereas great expense is often incurred, and 

 delay or failure of justice takes place at trials, by reason of 

 variances as to some particular or particulars between the 

 proof and the record or setting forth, on the record or docu- 

 ment on which the trial is had, of contracts, customs, pre- 

 scriptions, names and other matters or circumstances not 

 material to the merits of the case, and by the misstatement of 

 which the opposite party cannot have been prejudiced, and 

 the same cannot in any case be amended at the trial, except 

 where the variance is between any matter in writing or in 

 print produced in evidence and the record : And whereas it 

 is expedient to allow such amendments as hereinafter men- 

 tioned to be made on the trial of the cause ; be it therefore 

 enacted, That it shall be lawful for any court of record, hold- 

 ing plea in civil actions, and any judge sitting at nisi prius, 

 if such court or judge shall see fit so to do, to cause the 

 record, writ or document on which any trial may be pending 

 before any such court or judge, in any civil action, or in any 

 information in the nature of a Cjuo warranto, or proceedings 

 on a mandainus, when any variance shall appear between the 

 j)roof and the recital or setting forth, on the record, writ or 

 document on which the trial is proceeding, of any contract, 

 custom, prescription, name or other matter, in any particular 



