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Hillary Term, 38 Eliz. Wood versus Matthews.
1. IN a writ of Error brought by Owen Wood, against Griffeth Matthews, upon a judgment given in the common Pleas, the case was briefly thus. The Issue in the Common Pleas was, whether one were taken by a Cap. ad satisfaciendum, or not, and upon the triall therof at the Nisi prius, the Jury found for the Plaintiff in this Action, to wit, that the party was not taken by the said Capias, and upon the back of the Pannell entred dicunt per Quer. but on the back of the Postea the Clark of the Assises certified the Pan∣nell thus, to wit, That the Jury say, that no Capias was awarded, which was otherwise then was put in Issue, or found by the Jury; and the Roll of the Record was according to the Postea, and upon this Judgment given for the said Matthew then Plaintiff, upon which (amongst other Errors) this va∣riance between the Issue and Verdict was assigned for Error, and after deli∣beration had upon this point, and this matter alledged by the Defendant in the Writ of Error, and certified out of the Common Pleas, the Court awar∣ded as to this point that the Record sent up out of the Common Pleas by the Writ of Error, shall be amended, according to that which was endorsed on the back of the Pannell, for the endorsement upon the Pannell is the War∣rant for the certifying of the Postea, a••d so this Warrant over to him that makes the Entry in the Roll: And therfore wheras it was alledged that the Postea was amended in the Common Pleas aft••r the Record removed, it was holden to be well done there; for although the Record were removed by the Writ of Error, yet the Nisi prius, the Postea, and the like remain still there, as it is of the Warrant of Attorney, and the like: And if the Po∣stea had not been amended there, but sent up with that which was endorsed upon the Pannel, all shal be amended here according to that which was indor∣sed upon the Pannel, and according to this there was a Presid••nt shewn Tr. 35. H. 8. between Whitfeild and Wright, where the Issue was, whether a quantity of Grain were delivered between two Feasts, and endorsed upon the Pannel (Dicunt pro quaer.) and yet the Postea certified (and the Rolls also made) that the delivery was made ad festa, and upon this matter alled∣ged in Banco Regis, and the Error in this point assigned and certified out of the Common Pleas, the Record removed by the Writ of Error was by a∣ward of the Court amended, and the word (Ad) razed out, and the word (Inter) written in lieu of it, according as it appeareth it ought to have been by the Note upon the back of the Pannel. And the like amendment was made lately in the Checquer Chamber, upon Error brought there upon a Iudgment given in Banco Regis, where the Iudorsment upon the back of the Writ was (pro Quer.) and the Postea and Roll was, that the Plain∣tiff was guilty, and there amended the last Term.