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![handle is hein.slavery/ssactsengr0646 and id is 1 raw text is: R. V. CARTOR
Mr. S. Counsel cont' : It must be upon the common Terms then, upon Payment of
Costs.
Mr. P. Counsel cited the Case of the Earl of Rotchford and the Bishop of Norwich
in the C. P. A Quare Impedit was brought, and Judgment by Default, and upon ex-
ecuting a Writ of Inquiry, the Jury found there was no such Church; and upon that
Application was made to the Court, who granted a new Writ without Payment of Costs.
[98] Mr. S. Counsel : The Reason is, because no Costs are given upon a Quare Impedit.
It is the constant Practice to pay Costs upon Motions of this Nature; if the Plaintiff
will waive his Judgment, we will waive our Costs, and plead the General Issue. But
the Plaintiff not consenting, the Court inlarged the Rule.
46.-THE KING versus ANNE, Ux' of HANNIBAL CARTOR. Mich. 6 Geo. II.
[1732]. B. R.
One committed as a loose, idle disorderly Person, till she find Security, bailed on a Habeas
Corpus.
The Defendant, being a Negro Slave, was carried by her Master before a Justice of
Peace, who committed her to Bridewell as a loose, idle disorderly Person, and for In-
sulting and Abusing her Master. It was further set forth, that she was committed for
Want of Sureties ; and Directions to the Gaoler to keep her till she found good and
sufficient Bail; she was now brought down by Habeas Corpus, and Mr. K. Counsel
moved to have her discharged; the Commitment is by one Justice of Peace only, and
is not a Conviction upon the Act of Parliament, like Mary Talbot's Case; for there she
ought to have been sent to the County-Gaol. She is committed as a loose, idle disorderly
Person, for Insulting and Abusing her Master; if the Court is of opinion that the Com-
mitment is legal, we have got good Bail for Sureties.
Mr. R. Counsel cont' : The Insulting and Abusing her Master is an Offence bailable;
but being committed likewise as a loose, idle disorderly Person, she is not bailable.
Cur' : By the Commitment the Gaoler is charged to keep her in Custody only till
she find Security. There is no certain Time limited in the Commitment how long
she shall remain a Prisoner, as till the next Sessions, &c., and so by this Means she may
remain a Prisoner for Life.
Mr. R. Counsel then offered to prove her a Slave, and that the Master might keep
her a Prisoner, if he pleased ; but the Court would not suffer him to enter upon that
Point. She is committed for Want of Sureties, and must be bailed if she hath got any.
There was an Affidavit read that she was married to a Freeman.
47.-BEINGT'rON versus PAKLIKURST. Mich. 6 Geo. 11. [1732]. B. R.
Vide post, Case 49.
Amendment of Issue in Ejectment.
Mr. R. and Mr. F. moved to shew Cause. This is a Rule to amend a Declaration in
Ejectment, by altering the County and laying the Demise in Bucks, whereas [99] now
it is for Tithes in Middlesex. This Amendment goes to the very Substance and Jett of
the Action, and the Defendants have pleaded to the Demise, as laid in the Declaration.
There is a Difference between Actions in Ejectment and all other Cases ; and the Court
will never suffer the Plaintiff in Ejectment to amend his Declaration.
Mr. A. Counsel cont' : The Court have frequently suffered the Plaintiff to amend
his Declaration, where the Mistakes have been more material. In Assumpsit by the
Executors of the Duke of Marlborough, the Court gave the Plaintiffs Leave to amend,
by laying the Assumpsit as a Promise made to them, whereas before it was laid as a
Promise made to the Duke himself. So where the Word Felonice hath been omitted.
the Court have given Leave to amend after Issue joined, and the Cause been actually
carried down to Trial. Ejectments are the Creatures of the Court, and therefore may
take greater Liberties in rectifying these Mistakes. In this Case the Declaration which
was delivered in the County is right, it is the Declaration in the Copy of the Issue which
is wrong.
Cur': We never suffer Declarations in Ejectment to be amended where it alters-the
W. KEL. 98.](ViewImageLocal?handle=hein.slavery/ssactsengr0646&div=1&collection=&method=preview&ext=.png&size=3)