
    Eliakim Davis, qui tam, versus Daniel Saunders.
    Practice.—In a popular action, to recover a forfeiture for tailing excessive usury, the plaintiff had leave to amend his declaration, on payment of costs; he suggesting that he was barred, by the statute of limitations, from commencing another action.
    
      Lincoln, for the plaintiff,
    moved for leave to amend his declaration, by correcting the description of the promissory note, upon which the usury was alleged to have been taken and received; and he suggested, as a ground of his motion, *that [ * 63 ] the statute of limitations (stat. 1788, c. 12,) had begun to run; so that it was too late to commence a new action. The Court granted the amendment, upon payment of full costs.
    
      Blake for the defendant
   This was a popular action, for the forfeiture imposed by statute of 1783, c. 55, for restraining the taking of excessive usury.  