them to recover their debts at the day assigned for payment, will greatly conduce to promote and encourage trade, and increase the credit of the citizens of this state, therefore

*4. SEC. 1. The right, title, and claim of any alien friend or friends, his [*7 or their heirs, executors, administrators, or assigns, under any deed of mortgage of any lands, tenements, or real estate, lying and being within the state of New Jersey, granted or made to such alien or aliens, at any time before or after publication hereof, shall not be defeated merely upon pretence of alienism in the grantee or mortgagee, grantees or mortgagees; but that such right, title, and grant, by mortgage, shall be adjudged to be good in the mortgagee or mortgagees, his and their heirs, executors, administrators, and assigns, the plea or pretence of alienism in such case notwithstanding.

5. SEC. 2. All and every person or persons, his or their executors, administrators, or assigns, being alien friend or friends, shall and may hereafter lawfully commence and prosecute any action or actions, suit or suits, in any court or courts of law or equity in this state, upon any deed or deeds of mortgage of any lands, tenements, or real estate, lying and being within this state, as fully, freely, and effectually, to all intents and purposes, as if such mortgagee or mortgagees, his or their executors, administrators, or assigns, had been naturalized or natural-born subjects.

An Act respecting aliens. Passed November 27, 1822. (R. S. 3.)

6. That from and after the passing of this act, all aliens in this state who have been in the United States for a less term than five years, be and they are hereby exempted from the performance of common militia duty.

NOTES.

The declaration of independence did not subject British antenati to the disabilities of alienage; their rights continued till the treaty of peace. An alien competent to hold real estate, is competent to sue for it. 2 Hal. 305.

The general rule is, that alien enemies cannot maintain an action during the war. 3 Wash. Cir. C. R. 484.

The plea of alienage ought to contain a direct averment that plaintiff is an alien. 5 Hal. 328. Aliens have no right to vote at district school meetings. 1 Dutch. 177.

[See Justices' Courts, 49. Crim. Proceedings, 14. Chancery, 36. Practice of Law.]

An Act respecting amendments and jeofails. Passed November 21, 1794. (R. S. 986 ) 1. By the misprision of a clerk, no process shall be annulled or discontinued by mistaking in writing a syllable or a letter, too much or too little; but as soon as such misprision is perceived, by challenge of the party, or in other manner, it shall be instantly amended in due form, without giving advantage to the party challenging the same. And the court, before whom such plea or record is made, or shall be depending, as well by adjournment as by way of error, shall have full

power, both after and before judgment given therein, to amend such record or process, as long as the same is before them..

*8]

2. For error assigned, or to be assigned, in any record, process, warrant of attorney, writ original or judicial, panel, or return, because there are any rasures or interlineations, or any addition, subtraction, or diminution of words, letters, or *titles, or parcels of letters, in any such record, process, warrant of attorney, writ, panel, or return, no judgment or record shall be reversed or annulled. 3. The court in which any record, process, declaration, count, plea, warrant of attorney, writ, panel, or return, is or may be, shall, while the same remains before them, have power to examine such record, process, declaration, count, plea, warrant of attorney, writ, panel, or return, by them and their clerks, and to rectify and amend, in affirmance of the judgment of such record or process, whatever to them, in their discretion, shall seem to be the misprision of the clerk, in such record, process, declaration, count, plea, warrant of attorney, writ, panel, or return; so that, by such misprision of the clerk, no judgment shall be reversed or annulled. 4. If any record, process, declaration, count, plea, warrant of attorney, writ, panel, or return, be certified defective, otherwise than according to the writing which thereof remains in the office, court, or place from whence the same is certified, the parties, in affirmance of the judgment of such record or process, may allege that the same writing is variant from the said certificate, and that being found and certified, the said variance shall be, by the said court, rectified and amended according to the first writing.

5. The court before whom any misprision or default is or shall be found in any record or process, which now is, or hereafter shall be depending before them, as well by way of error as otherwise, or in the returns of the same, made or to be made by sheriffs, coroners, or any other, by misprision of the clerk of such court, or by misprision of the sheriffs, undersheriffs, coroners, or their clerks, or other officers, clerks, or other ministers whatsoever, in writing a letter or syllable too much or too little, shall have power to amend such defaults and misprisions, according to their discretion; and by examination thereof by the said court, to be taken where they shall think necessary; and that all such amendments may be made, as well after a judgment given upon verdict, confession, nihil dicit, or non sum informatus, as upon matter of law pleaded.

6. By the ancient terms and forms of pleaders, no person shall be prejudiced, so that the matter of the action be fully showed in the writ, declaration, and pleadings. 7. The record of pleas, real, personal, or mixed, whereof judgment is or shall be given and enrolled, or things touching such pleas, shall not be amended or impaired by new entering of the clerk, or by the record or matter certified, in any term subsequent to that in which such judgment, in any such plea, is or shall be given and enrolled.

8. If any issue hath been or shall be tried, by the oath or affirmation of twelve men, or more, for the party plaintiff or demandant, or for the party tenant or defendant, bailiff in assize, vouchee, prayee in aid, or tenant by receipt, in any action, suit, bill, plaint, or demand, in any court of record, then the court, by whom judgment thereof ought to be given, shall proceed and give judgment in the same, notwithstanding any mispleading, lack of color, insufficient pleading, or jeofail, any miscontinuance, discontinuance, or misconceiving of process, misjoining of the issue, lack of warrant of attorney of the party against whom the issue shall be tried, or any other default or negligence of any of the parties, their counsellors or attorneys; and the judgments thereof, so had and given, or to be had and given, shall stand in full strength and force, to all intents and purposes, according to the said verdict, without any reversal or undoing of the same by writ of error or otherwise, in like form as though no such default or negligence had ever been had or committed.

9. If any verdict of twelve men or more hath been or shall be given in any action, suit, bill, plaint, or demand, in any court of record, the judgment thereupon shall not be stayed or reversed by reason of any default in form, or lack of form, touching false English, or variance from the register, or other defaults in form, in any writ, original or judicial, count, declaration, plaint, bill, suit, or

demand, or for want of any writ, original or judicial, or by reason of any imperfect or insufficient return of any sheriff, or other officer, or for want of any warrant of attorney, or by reason of any manner of default in process upon or after any aid prayer, or voucher; nor shall any such record or judgment, after verdict, be reversed for any of the defects or causes aforesaid.

*10. If any verdict of twelve men or more hath been or shall be given for the plaintiff or demandant, or for the defendant or tenant, bailiff in assize, [*9 vouchee, prayee in aid, or tenant by receipt, in any action, suit, bill, plaint, or demand, in any court of record, the judgment thereupon shall not be stayed or reversed for any variance, in form only, between the original writ or bill, and the declaration, plaint, or demand, or for lack of averment of any life or lives of any person or persons, so as, upon examination, the said person be proved to be in life, or by reason that the venire facias, habeas corpora, or distringas, is or shall be awarded to a wrong officer, upon any insufficient suggestion, or by reason that any of the jury, which tried the said issue, is or shall be misnamed, in the christian name, surname, or addition, in any of the said writs, or in any return upon any of the said writs, so as, upon examination, it be proved to be the same man, who was meant to be returned, or by reason that there is or shall be no return upon any of the said writs, so as a panel of the names of the jurors be returned and annexed to the said writ or writs, or for that the name of the sheriff, or other officer, having the return thereof, is not set to the return of any such writ, so as, upon examination, it be proved, that the said writ was returned by the sheriff or undersheriff, or any such other officer, or by reason that the plaintiff in any action of ejectment, or in any personal action or suit (being an infant under the age of twenty-one years), did or shall appear by attorney therein, and the verdict pass in favor of such plaintiff.

11. If any verdict of twelve men hath been or shall be given in any action, suit, bill, plaint, or demand, in any court of record, the judgment thereupon shall not be stayed or reversed for default in form, or lack of form, or by reason that there are no pledges, or but one pledge to prosecute, returned upon the original writ, or because the name of the sheriff is not returned upon such original writ, or for default of entering pledges upon any bill or declaration, or for default of alleging the bringing into court any bond, bill, indenture, or other deed whatsoever, mentioned in the declaration or other pleading, or for default of alleging the bringing into court letters testamentary, or letters of administration, or by reason of the omission of the words, "with force and arms," or, "against the peace," or for or by reason of the mistaking of the christian name or surname of the plaintiff or defendant, demandant or tenant, sum or sums of money, day, month, or year, by the clerk, in any bill, declaration, or pleading, where the right christian name, surname, sum, day, month, or year, in any writ, plaint, roll, or record preceding, or in the same roll or record, where the mistake is committed, is or are truly and rightly alleged, and to which the party might have demurred, and showed the same for cause, nor for want of the averment or words, "and this he is ready to verify," or, "and this he is ready to verify by the record," or for not alleging, "as appears by the record," or for that there is no right venue, so as the cause was tried by a jury of the proper county or place, where the action is laid; nor shall any judgment, after verdict, be reversed for want of entering, that the person against whom such judgment is given, "be in mercy," or, "be taken," or by reason that the words, "be taken," are entered for, "be in mercy," or the words, "be in mercy," are entered for, "be taken," nor for that, in the judgment, the words, "it is granted," are entered for, "it is considered," nor for that the increase of costs, after a verdict in any action, or upon a nonsuit in replevin, are not entered to be at the request of the party for whom the judgment is given, nor by reason that the costs, in any judgment whatsoever, are not entered to be by consent of the plaintiff; but that all such omissions, variances, defects, and all other matters of like nature, not being against the right of the matter of the suit, nor whereby the issue or trial is altered, shall be amended by

the court, where such judgments are or shall be given, or to which the record is or shall be removed by writ of error.

12. Where any demurrer hath been or shall be joined and entered in any action or suit in any court of record of this state, the court shall proceed and give judgment, according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, defect, or want of form, in *10] *any writ, return, plaint, declaration, or other pleading, process, or course of proceeding whatsoever, except those only which the party demurring shall specially and particularly set down and express, together with his demurrer, as causes of the same, notwithstanding that such imperfection, omission, or defect might have heretofore been taken to be matter of substance, so as sufficient matter appear in the pleadings, upon which the court may give judgment according to the very right of the cause; and therefore no advantage or exception shall be taken of or for an immaterial traverse, or of or for the default of entering pledges upon any bill or declaration, or of or for the default of alleging the bringing into court any bond, bill, indenture, or other deed whatsoever, mentioned in the declaration or other pleading, or of or for the default of alleging the bringing into court letters testamentary or letters of administration, or of or for the omission of the words, "with force and arms," or, "against the peace," or either of them, or of or for want of the averment or words, "and this he is ready to verify," or, "and this he is ready to verify by the record," or of or for not alleging, as appears by the record;" but the court shall give judgment according to the very right of the cause as aforesaid, without regarding any such imperfections, omissions, or defects, or any other matter of like nature, except the same shall be specially and particularly set down and shown for cause of demurrer; and that no judg ment shall be reversed, by any writ of error, for any such imperfection, omission, defect, or want of form as aforesaid, except such only as are before excepted; and every court of record of this state shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects, and wants of form as are before mentioned, other than those only which the party demurring shall specially and particularly express and set down, together with his demurrer, as aforesaid, and may, at any time, permit either of the parties to amend any defect in the process or pleadings, upon such terms and conditions as the said court shall, in their discretion, direct and prescribe.

66

13. This act shall extend to all judgments which have been or shall be entered upon confession, nihil dicit, or non sum informatus, in any court of record; and no such judgment shall be reversed, nor any judgment, upon any assessment or writ of inquiry of damages, made or executed thereon, be stayed or reversed for or by reason of any imperfection, omission, defect, matter, or thing whatsoever, which would have been aided and cured by this act, in case a verdict of twelve men had been given in the said action or suit, so as there be an original writ or bill duly filed according to law.

14. All writs of error, wherein there shall be any variance from the original record, or other defect, may and shall be amended and made agreeable to such record by the respective courts, where such writ or writs of error shall be made returnable.

15. Where any verdict hath been or shall be given in any action, suit, bill, plaint, or demand, in any court of record, the judgment thereupon shall not be stayed or reversed for any defect or fault, either in form or substance, in any bill, writ original or judicial, or for any variance in such writ from the declaration or other proceedings.

16. This act shall extend to all suits, in any court of record, for the recovery of any debt due to this state, or for any debt, duty, or revenue belonging to the same; and also to all writs of mandamus, and informations in nature of quo warranto, and proceedings thereon.

17. All proceedings, whatsoever, in every court of law and equity in this state, shall be in the English tongue and language, and in no other tongue or language, and shall be written or printed in a good, strong, legible hand or character, and

in words at length, and not abbreviated, except such abbreviations as are commonly used in the English language: Provided nevertheless, that it shall and may be lawful to express numbers by figures, in like manner as hath been heretofore, or is now commonly used in the said courts respectively, and to express the proper and known names of writs or other process, or technical words, in such language as hath been commonly used, so as the same be written or printed in a common legible hand or character.

*18. This act shall be taken and construed, in all courts of justice, in [*11 the most ample, beneficial, and liberal manner, for the ease and benefit of the parties, and to prevent frivolous and vexatious delays.

19. No part of this act, except that which directs proceedings to be in the English language, shall extend to any indictment or presentment for any criminal matter, or process upon the same; nor to any writ, bill, action, or information, upon any popular or penal statute, nor to any outlawry, or process thereupon, or in order thereunto.

NOTES.

A writ of dower cannot be amended by inserting a place of appearance which had been omitted. 1 Hal. 166.

Declaration may be amended after plea and demurrer, upon paying the costs. 2 South. 778. 7 Hal. 320.

Allowed without costs, where the law and practice were unsettled. 2 Gr. 270.

Declaration allowed to be amended after judgment by default, upon condition that judgment be opened and time given to plead. Penn. 512.

A fi. fa. tested out of term may be amended. Coxe, 111.

Declaration in ejectment amended by altering date of the demise, even after a trial. Penn. 710. 2 South. 850. 3 Hal. 366. 1 Gr. 23, 35. 2 Gr 81.

An infant defendant appearing by attorney, proceedings amended after plea and reference, &c. Coxe, 416.

The notice in ejectment may be amended, by striking out one day and inserting another. 4 Hal. 254.

After a demurrer to an assignment of errors, amendment allowed. 2 Hal. 190.

After a certiorari removing an indictment, the record may be returned and the caption amended, according to the truth of the facts. 4 Hal. 357.

The record may be amended after writ of error brought and after judgment reversed, upon payment of the costs. 5 Hal. 222. 1 Gr. 1. 2 Gr. 9. 4 Harr. 1. See 2 Zab. 72, 533. Writ of certiorari may be amended. 1 Gr. 289, 340.

Not allowed in a criminal case after a writ of error. 3 Harr. 206.

Declaration may be amended after demurrer to pleas, and a new count added stating another injury done by the same wrongful act. 4 Harr. 5, 9.

Return to a venire may be amended by sheriff, by adding the name of a juror who was summoned. 1 Zab 423.

A scire facias may be amended, and the declaration after nul tiel record pleaded. 1 Zab 429.

It is the settled practice to allow an amendment after a decision upon a demurrer filed in good faith. 2 Zab. 59.

The postea may be amended. 2 Zab. 424.

It is not error to deny an amendment. 4 Dutch. 480.