
    DEN v. SEAGRAVE.
    Matter of Practice.
    
      Mr. Jeffers
    
    moved for leave to amend the declaration in this case, by adding a separate demise by each lessor of the plaintiff.
    
      R. P. Thompson, Contra.
    
    This cause was noticed for trial at the Salem Circuit. There is- no precedent of amendment in such case. But if the motion be allowed, it ought to be upon terms. First. The costs should be paid. Second. Defendant should be allowed to withdraw his appearance and plea, and have his option whether to appear anew and plead, or not. 1 Green, 1, Rogers v. Phinney; 2 Archb. Pr. 231; Hullock’s Costs, 347.
   Hornblower, C. J.

Leave to amend the declaration is granted on payment of costs. -If the defendant do not appear to the amended declaration, the costs of appearance and plea on the present one must be paid.

Ford, J.

The costs of the circuit should not be paid by the plaintiff, as the trial went oif for the convenience of the Court.

Ryerson, J.

I doubt the propriety of allowing experiments, by noticing causes at a late day of term. I concur in allowing the amendment, on payment of costs.

Motion withdrawn.  