
    Paine against Parker.
    in an action ibr a 15i>el» deehmmonwasailowed to be anjendeMpasto change the v&niie,; it resting in the sound discretion of the court,-under th e of the cate.
    
      VAN BEUREN, (attorney-general,) and Root, for the plaintiff,
    
      1moved to amend the declaration in this cause, so as to 7 . /'ll Ihe action was for a libel, and the cause 5 change the venue, having come on to trial, the jury were discharged.
    Sherwood, contra.
    He cited Barnes, 479. 484. 1 Wils. 173. 3. Str. 1162. 1202. 3 Johns. Rep. 453.
    
   Per Curiam»

The practice of the court of king’s bench, in England, is to allow the plaintiff to amend by changing the venue. It rests in the sound discretion of the court, and is not an ordinary motion to change the venue. Under the special circumstances disclosed in- this case, we think proper to allow the venue to be changed to the county of Albany.

Motion granted.  