
    Butts v. Chapman.
    When costs are given, on leave to amend, the payment of the costs is not a condition precedent.
   The Court,

(having since July, 1807, decided in suits at law that when an amendment is allowed on payment of costs, the payment of costs is not a condition precedent, but may be enforced, or await the event of the suit,) — 'decided, in this case, that the amended answer should be received although the costs were not paid, and thereby overruled the decision made in this suit at July term, 1807.  