published, and the dates of the first and last papers containing the same, shall be sufficient evidence of the publication therein set forth. having the same inserted, and to be taxed SEC. 2. When any notice or advertisement shall be Advertiseduly published as aforesaid, relating to any cause or mat- ment to be paid for by party ter depending in any court of record, the same shall be paid by the party at whose instance the same shall be published; who may exhibit his account therefor to the proper court, which account, or so much thereof as shall be deemed reasonable, may be taxed as costs, or other- as costs. wise allowed in the course of the proceeding to which such advertisement relates. And when such advertisement shall be made by any public officer, authorized by Public advt. to law so to do, the reasonable expense thereof, shall be be paid for out allowed and paid out of the state or county treasury, as other demands and charges of the like nature. APPROVED, Dec. 28th, 1826. of state or coun-ty treasury. AMENDMENTS AND JEOFAILS. AN ACT concerning Amendments and Jeofails. In force 1st June, 1827. clerk not to SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That by the misprision of a clerk in any place wheresoever it be, no record or Misprision of a process shall be annulled or discontinued, by mistaking, vitiate process in writing, one syllable or one letter too much or too or record. little; but as soon as the thing is perceived, by challengeve R. 133 of the party, or in other manner, it shall be immediately amended in due form, without giving advantage to the party that challenges the same, because of such misprision; and the court before whom such plea or record is made, or shall be depending, as well by adjournment, as by way of appeal, or error, or otherwise, shall have power and authority, to amend such record and process as aforesaid, as well after judgment, in any suit, plea, record or process given, as before judgment, as long as the same record and process is before them. pleadings.. SEC. 2. The court in which any record, process, de- Power of court claration, count, plea, warrant of attorney, writ, pannel to amend or return is or may be, while the same remains before them, shall have power to examine such records, processes, declarations, counts, pleas, warrants of attorney, writs, pannels and returns, by them and their clerks, and amend (in affirmance of judgments of such records and Courts may ions of sheriffs and others. processes) all that which, to them in their discretion, seemeth to be misprision of the clerks therein; so that by such misprision of the clerks, no judgment shall be reversed or annulled. And if any record, process, declaration, count, plea, warrant of attorney, writ, pannel or return be certified defective, otherwise than according to the writing which thereof remaineth in the offices, courts or places from whence they are certified, the parties, in affirmance of the judgments of such records and processes, shall have advantage to allege that the same writing is variant from the said certificates: and that being found and certified, the same variance shall be, by the said court, reformed and amended according to the first writing. SEC. 3. The courts before whom any misprision or decorrect mispris- fault is, or shall be found, in any record or process, which is, or hereafter shall be depending before them, as well by way of appeal or error, as otherwise, or in the returns (the same made or to be made by sheriffs, coroners or any other) by misprision of the clerk of any of the said courts, or by misprision of the sheriffs, under-sheriffs or deputies, coroners or their clerks, or other officers, clerks, or other ministers whatsoever, shall have power to amend such defaults or misprisions according to their discretion, and, by examination thereof by the said courts, to be taken when they shall think needful; and 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. SEC. 4. For errors assigned, or to be assigned in any record, process, warrant of attorney, writ, original or **judicial, · judicial, pannel or return, for that in any places of the Judgments not same there be erasures or interlineations, or that there to be reversed be any addition, subtraction or diminution of words, letinterlineations. ters or titles, or parcels of letters, found in any such record, process, warrant of attorney, writ, pannel or return, no judgment, or record or decree, shall be reversed or annulled. for erasures or New entries of pleas, &c. SEC. 5. Record and process, real and personal or mixclerks not to im- ed, whereof judgment or decree shall be given and enpair or amend rolled, or things touching such pleas, shall in no wise be amended or impaired by new entering of the clerks, either by the record of things certified, in no term subsequent to that in which such judgment or decree is or shall be given and enrolled. SEC. 6. If any issue hath been, or shall be tried by any court or jury, and be found for either party, in any court of record, then the court by whom judgment ought stayed by mis to be given, shall proceed and give judgment in the After verdict same, any mispleading, lack of color, insufficient plead-judgt. not to be ing or jeofail or any miscontinuance, discontinuance, mis- pleadings or conceiving of process, misjoining of the issue, lack of other errors in warrant of attorney, or any other default or negligence pleadings. of any of the parties, their counselors or attorneys to Macks 3a td the contrary notwithstanding; and the said judgments thereof, so to be had and given, shall stand in full strength and force, to all intents and purposes, according to the said verdict or finding, without any undoing the same by appeal, writ of error or false judgment, in like form as though no such default or negligence had ever been had or committed. be reversed for SEC. 7. If a verdict of a court or jury shall hereafter After verdict be given, for either party in any court of record, the judgment not to judgment thereupon shall not be stayed or reversed by any default of form, or lack of form in any writ, original &c. or judicial, count, declaration, plaint, bill, suit or demand, for want of any writ, 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 aidprayer or voucher; nor shall any such record or judgment after verdict, to be given hereafter, be reversed for any of the defects or causes aforesaid. riance or lack SEC. 8. If any verdict be rendered by the court or Or for any va jury, for either party, in any court of record, the judgment thereupon shall not be stayed or reversed by reason of any variance in form only, between the original writ or process and the declaration, petition, plaint or demand, or for lack of an averment of any life or lives of any person or persons, so as upon examination, the said person be found to be in life, or by reason that any of the persons in whose favor the verdict is rendered is an infant and appeared by attorney. SEC. 9. If any verdict shall hereafter be given by a court or jury for either party, in any court of record, judgment thereon shall not be stayed or reversed for any default in form or lack of form, or by reason that there are not pledges or but one pledge to prosecute, returned upon the original writ, or because the name of the sheriff is not Judgments not returned upon the original writ or process, or for default to be reversed of entering pledges upon any petition, or declaration, or for want of cartain allegations for default of alleging the bringing into court, any bond, bill, indenture or other deed or writing mentioned in the declaration or other pleading, for default of allegation of bringing into court letters testamentary or 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 mistaking the christian 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, petition, declaration or pleading, where the right name, surname, sum, day, month or year, in any writ, record or proceeding, or on the same record where the mistake is committed, is, or are once truly and rightly alleged, whereunto the party might have demurred and shown 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 that there was 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 that the words "be in mercy," for "be taken," nor for that in the judgment "it is granted" are entered for "it is considered," nor for that the increase of costs, after the verdict in any action, are not entered at the request of the party for whom judgment is given, nor by reason that the costs on any judgment are not entered to be by consent of the plaintiff; but all such omission, variance, defects and all other matters of the like nature, not being against the right of the matters of the suit, nor whereby the issue or trial is altered, shall be amended by the courts, where such judgments are or shall be given, or whereunto the record is or shall be removed by ap peal or writ of error. SEC. 10. Where any demurrer shall be joined, and entered in any action or suit, in any court of record, the judges 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 or defect for want of form in any writ, return, plaint, declaration or other pleading, process or course of proceedOn demurrers ing whatsoever, except those only which the party decourt to decide murring shall specially and particularly set down and set forth by the express, together with his demurrer, as cause of the same, party demur- notwithstanding that such imperfection, omission or de only the causes ring. fect might heretofore have been taken to be matter of substance, so as sufficient matter appear on the said pleadings upon which the court may give judgment according to the very right of the cause; and therefore no advan tage or exception shall be taken of or for an immaterial traverse, of or for default of entering pledge upon any not causes of demurrer, petition or declaration, or for the default of alleging the Certain defects bringing into court any bond, bill, indenture or writing mentioned in the declaration or other pleadings, or of, or for the default of alleging the bringing into court of letters testamentary or of administration, or of, or for the omission of the words "with force and arms," and "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 imperfection, omis Other defects sions and defects, or other matter of like nature, except except specially the same shall be specially and particularly set down and set forth. shown for cause of demurrer: and no judgment shall be reversed for any such imperfection, omission, defect or want of form, except such only as are before excepted. And after demurrer joined, the court before whom the may be amendsame shall be pending may, from time to time, amend all ed before' judgand every such imperfection, omission, defect and want ment. of form as are before mentioned, other than those only which the party demurring shall specially and particularly set down, together with his demurrer as aforesaid. default or con fession not to would have SEC. 11. Every thing herein before contained shall Judgments by extend to all judgments which shall be entered upon confession, "nil dicit," or "non sum informatus," in any court be reversed for of record; and no such judgment shall be reversed; nor defects which any judgment upon any writ of enquiry of damages exe-been cured by cuted thereon shall be stayed or reversed for, or by rea- verdict. son of any imperfection, omission, defect, matter or thing which would have been aided and cured by this act in case a verdict had been given in such action or suit, so there be an original writ, duly issued according to law. SEC. 12. This act shall extend to all suits in any of record for the recovery of any debt due the state, or any duty or revenue thereto belonging, and also to all braced in this writs of mandamus and informations of the nature of act. warranto and proceedings thereon. court quo Writs of man damus and quo warranto em SEC. 13. All writs of error, wherein there shall be any variance from the original record, or any other defect, Writs of error may and shall be amended, and made agreeable to such may be amendrecord by the respective courts where such writs of error are or shall be made returnable. ed. SEC. 14. No part of this act shall extend to any indict- Provisions of ment or presentment for any criminal matter or process this act not exupon the same; nor to any writ, action, or information tended to qui upon any popular or penal statute; nor to any outlaw, or cases, process thereupon in order thereunto. tam or criminal |