Gambar halaman

P. L. 63.

Oath of office.

24 June 1885.

P. L. 163.

and of the poor placed under their care: Provided, however, That in such election 18 May 1878 $ 1. no elector shall vote for more than three candidates for members of such board of directors; and the five candidates who shall have the highest number of votes shall be declared elected, and shall constitute the board of directors for the home of the destitute and the poor of the county, and shall serve for the term of two years, and shall be chosen every second year thereafter.

18. Every member of the board of directors elected in the manner aforesaid Ibid. $ 2. shall appear on the first Monday in January after said election, at the county seat, or, if appointed by the court, within ten days after due notice, and before he enters upon the duties of said office, take an oath or affirmation as prescribed by the first section of the seventh article of the constitution; and the members of the board of directors qualified as aforesaid are hereby authorized to administer oaths or affirmations, where it shall be necessary, in relation to the duties of their office. 19. Whenever a vacancy has occurred in the office of director of the poor,

elected by the people since the last general election, by death, resignation or otherwise, or shall hereafter so occur, the director elected, at the next general election to fill such Director elected to vacancy, shall serve for the unexpired term of the person whose death, resignation till vacancy to or other act, caused such vacancy; and on each of the ballots, voted to fill such pired term. vacancy, shall be written or printed the words, “ For the unexpired term," over the name of the candidate for such unexpired term; and all acts or parts inconsistent herewith are hereby repealed.

20. The amount necessary to defray the annual expenses of the home of the des- 18 May 1878 $ 8. titute, shall be paid by the county treasurer, on warrants drawn by the county com

P. L. 63. missioners, upon orders presented to them, signed by the president of the board of Payment of exdirectors and countersigned by the secretary, and to which the corporation seal shall penses. be attached : Provided, however, That such orders shall be accompanied by an itemized account, which shall have been probated, stating the specific purpose of such expenditure. And it shall be the duty of the county commissioners to keep the accounts of the home of the destitute in a set of books to be provided for that purpose, and said accounts shall be audited by the county auditors, at the same time and in the same manner as the other accounts of the county are audited; and they shall publish annually a detailed statement of the receipts and expenditures of the home of the destitute, at the same time and in the same manner as annual county statements are published. 21. The board of directors shall provide books for the superintendent of the

Ibid. $ 4. home of the destitute, in which he shall keep an account of all expenses of the Accounts to be same, as well as all the receipts thereof from all sources whatsoever, showing kept. the accurate cost of all purchases, in duplicate orders, the original of which shall be retained in a book prepared for that purpose; and no rebates or drawbacks shall be received, allowed or retained by any officer of said home of the destitute; and all books and accounts shall be subject to the inspection of tax-payers of the county, at To be open to inall times during business hours.

spection, 22. The board of directors shall meet on the first Monday of each month, to Ibid. $5. transact such business as may be placed before them, and at such other times and in such manner as they may determine, when they shall visit the departments and duties of diand see that the inmates are comfortably supported, and hear all the complaints, rectors. and redress or cause to be redressed all grievances that may happen, by neglect or the misconduct of any person or persons in their employment, or in any other

23. The annual salary of each member of the board of directors shall be as Ibid. $ 6. follows: In counties containing 50,000 population or less, $100; in counties containing over 50,000 and less than 100,000, $200 ; in counties of over 100,000, $250; and no other allowances •whatsoever shall be made for travelling or any other expenses. 24. The members of the board of directors of the home of the destitute or poor

Ibid. $ 7. house, in counties where such boards are in existence at the time when the pro- Terms of existing visions of this act shall go into effect, and whose terms of office shall not have officers not to be expired at the first election for choosing the board of directors, are hereby declared atfected. members of said board, until their terms shall have expired : Provided, however, That only three members shall then be elected, and two candidates shall be voted for by each elector.

25. The board of directors shall appoint a superintendent of the home for the 18 May 1878 $ 8. destitute, who shall be of good moral character, and well acquainted with the rules of hygiene, and of proper business qualifications, and who shall have been a resi- superintendent. dent of the county in which he is chosen at least for a period of five years, and shall serve until the term of the board appointing said superintendent shall expire, unless sooner removed, for reasons satisfactory to the board of directors. It shall His duties, be his duty to take charge of the home for the destitute and provide for the inmates the necessaries of life, and he shall have the charge of them and of all properties, industries and farming operations, and superintend and control the same, under the rules and regulations established by the board of directors for the government of the home; he shall keep all accounts, and make a full report to the

Stated meetings



P. L. 63.

Poor districts.

P. L. 19.

Directors may rebuild houses de.

19 May 1878 $ 8. board of directors as required, annually, or oftener, if the board shall desire him to

do so; his salary shall be fixed by the board of directors at a specitied amount

annually, before he shall enter upon the discharge of his duties. Ibid. $ 9. 26. The board shall appoint a competent physician and surgeon, who shall be Physician.

a graduate of a regularly authorized school of medicine and surgery, of good moral character, and a resident of the county, for not less than two years, (m) unless sooner removed for cause. In counties whose population does not exceed' 50,000,

his salary shall be three hundred dollars. Ibid. $ 10. 27. The board of directors shall provide a suitable dispensatory, with medicines

necessary for the proper treatment of the inmates of the institution ; but no mediDispensatory.

cine, liquors or wines shall be dispensed or used, except under the direction of the attending physician, and then only for the benefit of the inmates; he shall also recommend to the board of directors necessary sanitary rules and regulations, who

shall adopt the same and cause them to be enforced. Ibid. $ 11. 28. At their first regular meeting, the board of directors shall divide the county

into five districts, as nearly equal as possible, and assign one of their number to each district, who shall have the general oversight of such cases as shall have

come under the care of the county. Ibid. § 12. 29. The second, third, sixth, tenth and eleventh sections of the act to which Repeal.

this is a supplement, and all other acts or parts of acts relating to county homes for the destitute or county poor-houses, inconsistent with the provisions of this act, be and the same are hereby repealed: Provided, This act shall not be construed to repeal any act or part of act relating to any county in which a poorhouse or poor-farm is already established and controlled by a board of poor-house

directors. 10 April 1879 $ 1.

30. The poor-house directors of any county in this state, where a poor-house has been heretofore erected, and the same has been or may hereafter be destroyed by fire, are authorized and empowered, and it shall be lawful for the said poor

house directors, to rebuild the buildings so destroyed by fire, or to erect suitable stroyed by tire.

buildings proper to accommodate both the sane and insane poor when a'public

charge. Ibid. $ 2.

31. The county commissioners of the respective counties, when such buildings County commis.

have been or may hereafter be destroyed by fire, shall have the power, and it shall sioners to levy be their duty, to assess, levy and collect, together with the other county rates and

levies, and on the same subjects of taxation, on estimates furnished by the poorhouse directors, an amount sufficient to furnish the necessary funds to erect such buildings and furnish the same, in connection with any sum or sums of money received by said poor-house directors from insurance on said buildings so destroyed

by fire, or from any other source. Ibid. $ 3. 32. Each of said directors, in addition to the amount now allowed by law, shall Expenses.

be entitled to such further reasonable sum as the court of quarter sessions shall deem just and proper for their special responsibility and expenses in rebuilding, not, however, to exceed the sum of two hundred dollars to each director for any one

year. Ibid. $ 4.

33. The plans and specifications for any building authorized by this act to be

erected, shall be first submitted to and approved by the county commissioners of tracts to be ap

the county; and any contract for the erection of such building or buildings made proved by county by the directors of the poor with any contractor or contractors, or for furnishing commissioners.

the necessary materials for the same, shall have the approval of the county commissioners of the proper county, before such contract or contracts become binding

and operative. 4 June 1879 $ 1. 34. Before proceeding to exercise the powers conferred on them by the act to

which this is a supplement, each of said directors shall give a separate bond to the Directors to give county, in such sum as the court of quarter sessions of said county shall deem

proper, with sufficient security, to be approved by said court, conditioned for the

faithful performance of his duties. 10 April 1879 $ 6. 35. Whenever the said buildings shall be finished and completed, the said

directors shall notify the said court, who shall thereupon appoint three competent On completion of and disinterested persons viewers to view and thoroughly examine said buildings, buildings, viewers and report to the court whether said contract or contracts have been faithfully and to be appointed.

fully performed and completed; and until such report be so made, final payment Report.

on said contract or contracts shall not be made and paid. The said viewers shall Compensation of be entitled to three dollars per day for each day necessarily engaged in the perform

ance of their duties.


Plans and con

P. L. 98.


P. L. 19.


(m) Quere? does this refer to the question of residence, or to the term of office?



1. Pleadings may be amended, before or on the trial.

2. Mistake in the name of a party may be amended.

3. Power to amend names of parties extended.

4. Names of parties may be stricken out.
5. Municipal claims may be amended.
6. Form of action may be changed.

7. Certain defects of form may be amended after

4 Sm. 329.

1. In all cases where any suit(n) has been brought in any court of record within 21 March 1906 $ 6.
this commonwealth, the same shall not be set aside for informality (6) if it appear
that the process has issued in the name of the commonwealth, against the defend- Pleadings may be
ant, for moneys owing or due, or for damages by trespass or otherwise, as the case amended, before or
may be; that said process was served on the defendant, by the proper officer and in on the trial.
due time;(p) nor any plaintiff nonsuited for informality in any statement or
declaration filed, or by reason of any informality in entering a plea ; but when,
in the opinion of the court, such informality (9) will affect the merits of the cause
in controversy, the plaintiff shall(r) be permitted to amend his declaration or state-
ment,($) and the defendant may alter his plea(t) or defence,(u) on or before the
trial of the cause ;(v) and if, by such alterations or amendment, the adverse party is
taken by surprise,(w) the trial shall be postponed until the next court.(x)

(n) This extends to actions of partition. Dewar non v. Commonwealth, Ibid. 444. Maus v. Mont-
V. Spence, 2 Wh. 211. And to penal actions. Jones v. gomery, 10 Ibid. 192. Beeson v. Commonwealth, 13
Ross, 2 Dall. 143. Griffith v. Eshelman, 4 W. 55. Ibid. 249. Rodrigue v. Curcier, 15 Ibid. 81. Frank-
Vegargell v. Hazleton Coal Co., 8 W. & S. 342. Beates lin v. Mackey, 16 Ibid. 117. Beale v. Commonwealth,
V. Retallick, 23 P. S. 290. Emanuel v. Maulsby, 2 Ibid. 150. Coxe v. Tilghman, 1 Wh. 282. Caldwell v.
T. & H. Pr. § 2190.

Remington, 2 Ibid. 132. Yohe v. Robertson, Ibid. 155.
(0) This provision only extends to jury trials. Proper v. Luce, 3 P. & W. 65. Commonwealth v.
Burk v. Huber, 2 W. 313.

Mechling, 2 W. 130. Rahouser v. Barth, 3 Ibid. 28.
(p) The omission of the sheriff to sign his return Miller v. Frazier, Ibid. 456. Tassey v. Church, 4
to the original writ is cured by this provision. Dewar W. & S. 141. McAdam v. Orr, Ibid. 550. Kirkner.v.
5. Spence, 2 Wh. 211.

Commonwealth, 6 Ibid. 557. Megargell v. Hazleton
(9) The act is confined to matters of form. Dela Coal Co., 8 Ibid. 342. Robinson v. Taylor, 4 P. S. 242.
ware and Schuylkill Canal Co. v. Parker, 4 Y. 363. Schoneman v. Fegley, 7 Ibid. 433. Hellings v. Wright,
Heale v. C'ommonwealth, 16 S. & R. 153. Burk v. 14 Ibid. 373. Morris v. McNamee, 17 Ibid. 173. Hardy
Huber, 2 W. 313. Griffith v. Eshelman, 4 W. 55. V. Scanlin, 1 M. 87.
Tryon v. Miller, 1 Wh. 17. And embraces only sub- In the following cases, they were refused: Dela-
stantial amendments. Wilson v. Hamilton, 4 S. & R. ware and Schuylkill Canal Co. v. Parker, 4 Y. 363.
240. Clymer v. Thomas, 7 Ibid. 180. Glazer v. Low. Shoch v. McChesney, Ibid. 507. Grasser v. Eckart, 1
rie, 8 Ibid. 498. Newlin v. Palmer, 11 Ibid. 101. Binn. 575. Ebersoll v. Krug, 5 Ibid. 51. Bank v.
Franklin v. Mackey, 16 Ibid. 118. Diehl v. McGlue, Israel, 6 S. & R. 293. Newlin v. Palmer, 11 Ibid. 98.
2 R. 339. Coxe v. Tilghman, 1 Wh. 282. Griffith v. Dunn v. Commonwealth, 14 Ibid. 431. Diehl v. Mc-
Eshelman, 4 W. 55. Sandback v. Quigley, 8 W. 461. Glue, 2 R. 337. Tryon v. Miller, 1 Wh. 11. Griffith
It does not affect amendments at common law, or the v. Eshelman, 5 W'. 55. Reitzell v. Franklin, 5 W. & S.
statutes of jeofail. Dewar v. Spence, 2 Wh. 211. 33. Winder v. Northampton Bank, 2 P. S. 446. Stew-
Wyers v. Clark, 3 W. & S. 536. Smith y. Rutherford, art v. Kelly, 16 Ibid. 160. Kocher v. Burrows, 1 Luz.
2 S. & R. 361. Morrison v. Moreland, 15 Ibid. 62. L. Reg. 333.
Caldwell v. Remington, 2 Wh. 136.

(t) The amendment of a replication is not within
(n) The effect of this act has been, to make amend- the act; amendments beyond the plea are as at com-
ments, which before were discretionary, a matter of mon law, and to be tested by a legal discretion. Diehl
right, and the granting or refusing of then the subject V. Adams County Mutual Ins. Co., 58 P. S. 444. See
of revision on a writ of error. Young v. Common- Tiernan v. Blackstone, 1 Phila. 27. Leech v. Child,
pealth, 6 Binn. 88. Clymer v. Thomas, 7 S. & R. 181. 2 T. & H. Pr. $ 2196. And a bill of particulars is not
Verlin v. Palmer, 11 ibid. 98. Hopkins v. Mehatty, amendable, without leave of the court. Wager v.
Ibid. 129. Buckwalter v. United States, Ibid. 197. Chew, 15 P. S. 324.
Garrin v. Dawson, 13 Ibid. 248.

Proper v. Luce, 3 (u) An avowry is amendable. Weidel v. Rose-
P. & W.65. Commonwealth v. Mechling, 2 W. 130. berrý, 13 S. & R. 178. A plea of set-off, and notice,
Griffith v. Eshelman, 4 Ibid. 55. Chamberlin v. Hite, are amendable under the act. Sharp v. Sharp, 13
3 Ibid. 373. Sandback v. Quigley, 8 Ibid. 461. Buck S. & R. 444. Yost v. Eby, 23 P. S. 327.
v. Bear, 3 Clark 355. Amendments on demurrer, or (v) The parties may amend after the jury is sworn.
after judgment, are not within the act. Burk v. Young v. Commonwealth, 6 Binn. 88. Miles v. O'Hara,
Huber, 2 W. 306, 310. Sandback v. Quigley, 8 Ibid. 1 S. & R. 32. Cunninghum v. Day, 2 Ibid. 1. Garvin
461. Bailey v. Musgrave, 2 S. & R. 219. Wilson v. v. Dawson, 13 Ibid. 246. Sharp v. Sharp, Ibid. 444,
Hamilton, 4 Ibid. 240. Bank v. Israel, 6 Ibid. 294. Diehl v. McGlue, 2 R. 337. Griffith v. Eshelman, 4
Spackman v. Byers, Ibid. 385. Ordronaux v. Prady, W.55. Stuart v. Blum, 28 P. s. 225. And after the
Ibid. 510. Proper v. Luce, 3 P. & W. 65. Reed v. defendant's counsel has closed to the jury. Yohe v.
Collins, 5 S. & R. 351. Downing i, Lindsay, 2 P. S. Robertson, 2 Wh. 155. Franklin Fire Ins. Co. v.
382. Stephens v. Myers, 12 Ibid. 302. It is only statu- Findlay, 6 Ibid. 483. A party may amend after an
tory amendments, which are demandable of right, that appeal from an award. Fairchild v. Dennison, 4 W.
are the subject of revision in the supreme court. Tryon 258. And on a second trial, after a reversal of a
1. Miller, 1 Wh. 18. Proper v. Luce, 3 P. & W.66. former judgment. Lee v. Wright, 1 R. 149.

But an
(8) In the following cases, amendments were al- amendment must not introduce a new cause of action.
lowed: Clark v. Herring, 5 Bim. 35.

Miles v. Ebersoll v. Krug, 5 Binn. 51. Cunningham v. Day, O'Hara, 1 S. & R. 32. ('unningham v. Day, 2 Ibid. 1. 2 S. & R. 1. Smith v. Rutherford, Ibid. 358. Bank Smith v. Rutherford, Ibid. 358." Bank v. Israel, ti Ibid. v. Israel, 6 Ibid. 293. C'ussell v. Cooke, 8 Ibid. 268. 295. Clymer v. Thomas, 7 Ibid. 178. Cassell v. Cooke, Newlin v. Palmer, 11 Ibid. 18. Diehl v. McGlue, 2 R. 8 Ibid. 268. Cavene v. McMichael, Ibid. 41. Shun- 337. Tryon v. Hiller, 1 Wh. 11. Root v. O'Neil, 24

[ocr errors]
[ocr errors]

P. L. 574.

Power to amend


16 April 1846 & 1. 2. In all actions pending, or hereafter to be brought, in the several courts of this P. L. 353.

commonwealth, said courts shall have power, in any stage of the proceedings, (y) Mistake in the

to permit amendments of the record, when it shall appear to them, by any name of a party sufficient evidence,(z) that a mistake has been made in the christian name or surmay be amended.

name of any party, plaintiff or defendant:(a) Provided, That if, by such alteration or amendment, the adverse party is taken by surprise, the trial shall be

continued until the next court.(b) 4 May 1852 & 2. 3. All actions pending, or hereafter to be brought, in the several courts of this

commonwealth, and in all cases of judgments entered by confession, the said

courts shall have power, in any stage of the proceedings, to permit amendments, the names of par- by changing or adding the name or names of any party, plaintiff or defendant,

whenever it shall appear to them that a mistake or omission has been made in the

name or names of any such party.(c) 12 April 1858 & 1. 4. The second section of the act passed the 4th day of May 1852, relative to the

courts of this commonwealth, shall be so construed as to authorize the said courts, Names of parties where by reason of there being too many persons included as plaintiffs or defend

ants, by mistake,(d) as will prevent the cause from being tried on the merits, to permit an amendment, by striking out from the suit such persons as plaintiffs or

defendants.(e) 21 April 1859 $ 1. 5. Municipal claims for taxes, liens, public assessments or charges, may be

amended at any time before or at the trial, on notice given defendant under rule Municipal claims of court:(9) Provided, That if made on the trial, a continuance may be granted may be amended. by the court, on the application of the defendant. 10 May 1871 $ 1. 6. In all actions pending or hereafter to be brought in the several courts of this

commonwealth, said courts shall have power, in any stage of the proceedings, to

P. L. 243.

may be stricken out.

P. L. 857.

.P. L. 265.

P. S. 326. Howard v. McKowen, 2 Bro. 150. See v. Hildebrand, 14 P. S. 129. It is confined, however, Coxe v. Tilghman, 1 Wh. 282. A party may amend to the case of a clear mistake, and will not be suffered as often as is necessary, the statute not fixing any to effect an entire change of the real parties to the limit to the number of amendments. Franklin v. suit. Horbach v. Knox, 6 P. S. 379. Where the Mackey, 16 S. & R. 117.

misnomer of the defendant is made the subject of an (w) A party has no right to allege surprise in an affidavit of defence, the plaintiff may amend and take alteration that is merely formal. Richards v. Nixon, judgment for want of a sufficient atfidavit. Gustine 20 P. S. 19, 25; and see Folker v. Satterlee, 2 R. 213. v. Cummins, 1 W. N. C. 105; S. P. Bold v. Harrison, But if it affect the merits of the case, he cannot be Ibid. 151. Vegargee v. Souder, 2 Ibid. 15. Lippincott compelled to proceed with the trial. Pittsburgh and v. Hopple, Ibid. 186. But a deposition taken on behalf Steubenville Railroad Co. v. Clarke, 2 Pitts. 48. When of such party, before the amendment, cannot be read an amendment is asked for with a view to some unfair after it is made. Harbach v. Knox, 6 P. S. 377. The advantage, such as throwing on the plaintiff the grant of the power to amend implies the duty to burden of proving a fact not previously in issue, or to exercise it in a proper case. Wood v. Philadelphia, 27 get the conclusion of the argument, it ought to be P. S. 502. refused. Leave to amend ought never to be granted, (b) The refusal of such application is not a subject unless the motion be supported by affidavit, that it of error. Maffit's Administrator v. Rynd, 69 P.S. 380. will affect the merits, and is not desired for any other (c) A mistake in the names of the parties may be reason. . Hartman v. Keystone Ins. Co., 21 P. S. 475. corrected, under this act, whether it arises from a inisA defendant cannot introduce a plea of set-off, after take of law or fact. Druckenmiller v. Young, 27 P.S. the plaintiff has closed his evidence. Glazer v. Lowrie, 97. Cochran v. Arnold, 58 Ibid. 399. Pennsylvania 8 S. & R. 498. Nor can a special demurrer for want Railroad Co. v. Keller, 67 Ibid. 300. Leonard v. of form, be filed during the trial. Weidel v. Rose- Parker, 72 Ibid. 236. Heslop v. Heslop, 82 Ibid. 537. berry, 13 S. & R. 178. A plea of former recovery may Thus, the name of an equitable plaintiff may be subbe added. Garvin v. Dawson, 13 S. & R. 246.

stituted as the legal plaintiff, if the cause of action be A judgment entered by mistake for an amount not changed. Kaylor v. Schaffner, 24 P. S. 489. And different from that specified in the bond and warrant if suit be brought in the name of an equitable claimof attorney, is amendable at common law; but with- ant, describing himself as assignee of the legal party, out prejudice to the rights of third persons. Smith v. it is proper to allow an amendment making the legal Hood, 25 P. S. 218. Set Crutcher v. Commonwealth, 6 party the plaintiff, for the use of the equitable one. Wh. 340. Weller's Appeal, 41 L. I. 313.

Downey v. Garrard, 24 P.S. 52. Kellogg v. Datisman, (x) The granting or refusing a continuance is not 2 Phila. 111. And see Richter v. Cummings, 60 P. S. the subject of a writ of error. Folker v. Satterlee, 2441. Reber v. Wright, 68 Ibid. 471. Jackson's ExecR. 213. Farmers' and MechanicsIns. Co. v. Simmons, utors v. Lloyd, 44 Ibid. 82. Latshaw v. Hiltebeitel, 30 P. S. 299. And an amendment duly allowed cannot 2 Penn. 257. Clement v. Commonwealth, 95 P. S. 107. be impeached collaterally. Hamilton v. Seitz, 25 Whenever such amendment is allowed after the jury P. S. 226.

is sworn, the most regular practice is, to re-swear the (y) The name of a corporation defendant may be jury, according to the amended style of the parties. amended, after judgment on an award. Marsh v. Muffit's Administrator v. Rynd, 69 P. S. 380. Wilkesharre, 1 Luz. L. Reg. 173. An amendment in (d) See Locke v. Dougherty, 43 P. S. 88. the defendant's christian name may be allowed, after (e) The names of parties, whether plaintiffs or execution issued. Schwartz v. Mauer, 2 W. N C. 445. defendants, may be stricken out or added, whenever

(z) The proof required is only to satisfy the con- it is necessary to a trial on the merits. Wrangler v. science of the court, and may be ex parte or otherwise. Hummel, 37 P. S. 130. Hite v. Kier, 38 Ibid. 72. Horbach v. Knox, 6 P. S. 377. Wood v. Philadelphia, Fidler v. Hershey, 90 Ibid. 363. Patton v. Pittsburgh, 27 Ibid. 502. The mistake need not be proved by the Cincinnati and St. Louis Railroad Co., 96 Ibid. 169. attorney who made it. Ward v. Stevenson, 15 P. $. 21. Hiller v. Pollock, 30 Pitts. L. J. 9. After verdict The act contains no restriction as to the time of mak- against more than one charged on a joint contract, ing the amendment. Ibid.


an amendment a nol. pros, may be entered as to one, and judgment cannot be made, it seems, before the appearance of the against the others on the verdict. Ganzer v. Fricke, defendant. Hartshorn v. Mercer, 3 Clark 505. See 57 P. S. 316. See Musser v. Gardner, 66 Ibid. 242. Snyder v. Schaaat, 4 W. N. C. 336. McCann v. After striking out the names of some of the plaintiffs, Hosie, 3 Law Times (N. S.) 103.

the defendants may withdraw their plea in bar, and (a) Both the christian and surname of a party may plead in abatement. Dech v. Haas, 2 Leg. Gaz. 24. be amended. Ward v. Stevenson, 15 P. S. 21. And And see Britton v. Schloss, 9 W. N. C. 510. the christian name of a defendant, which was left (9) See Philadelphia v. Sanger, 12 Phila. 245. blank in the original process, may be inserted. Porter

P. L. 25.

permit an amendment or change in the form of action, if the same shall be neces- 10 May 1871 & 1. sary for a proper decision of the cause upon its merits; the party applying to pay

P. L. 265. all costs up to the time of amendment, and the cause to be continued to the next Form of action court, if desired by the adverse party.(h)

may be changed. 7. In all actions brought, or hereafter to be brought in the several courts of 14 March 1872 $ 1. this commonwealth, no verdict shall be set aside by reason of the want of a declaration or plea, or from defectiveness or indefiniteness in the form of said verdict, Certain defects of but the court in which such verdict shall have been rendered shall have power, at form may be any time, to direct the filing of a declaration, the entering of a plea and the filing verdict. of all such description or amended description, if in an action of ejectment, as in the judgment of the court shall make the pleadings and record conform to what was tried before the jury and found by the verdict.(i)



(h) This act does not apply to appeals from jus- 583. King v. Fox, 2 W. N. C. 196. The form of tices' courts. Getz v. Bright, 32 Sm. 144. But in action may be changed, after the opening of a judge such case, the declaration may be amended, by chang- ment, for want of a sufficient affidavit of defence. ing it from assumpsit to debt, independently of the Herdic v. Woodward, 75 P, S. 479. Leave may be statute. Ibid. Under this act, an action of scire granted on the trial. Taylor v. Hanlon, 103 P. S. facias may be changed into one of debt. Common- 504. Where the declaration is changed from trespass wealth v. Weiss, 6 Luz. L. Reg. 3. But dower cannot to case, since the passage of the practice act of 25 be changed into debt. Tatham v. Ramey, 82 P. S. 130. May 1887, such change does not require the payment The form of action may be changed, though the of costs, and a continuance upon the granting of such statute of limitations has run, at the time of the an amendment is now in the discretion of the ourt. amendment, so that the cause of action remains Armstrong y. Factoryville, 10 C. C. 274. the same. Smith v. Bellow, 77 P. S. 441. Otherwise, (i) See Jones v. Fryer, 3 W. N. C. 365; s. c. 34 where it introduces a new and different cause of L. I. 282. This act is constitutional. Parks v. Boynaction, already barred by the statute. Tyrill v.

ton, 98 P. S. 370. Lamb, 96 P. S. 464. See Miller v. Bealer, 100 Ibid.

[ocr errors]
« SebelumnyaLanjutkan »