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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 228   View pdf image (33K)
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228 14 E. 8, STAT. 1, CAP. 6, AMENDMENTS.
STATUTES
Made at WESTMINSTER, Anno 14 EDW. III. Stat. 1, and Anno
prima of his Reign of FRANCE, and A. D. 1340.
CAP. VI.
A Record which is defective by Misprision of a Clerk, shall be amended.

Item it is assented, That
by the Misprision of a Clerk
in any place wheresoever it
be, no Process shall be adnul-
led, or discontinued, by mis-
taking in writing one Syllable,
or one Letter too much or too
little; (2) but as soon as the
thing is perceived, by Chal-
lenge of the Party, or in other
manner, it shall be hastily
amended in due form, without
giving Advantage to the Par-
ty that challengeth the same
because of such Misprision.
Item est assentu & establi
qe par mesprision du clerc en
quecumque place que ce soil
ne ne soit proces anieutiz ne
discontinues par mesprendre
escrivant un letre ou un silable
tropp on trop poi mes si tot
qe la chose aparceu par chal-
euge du partie ou en autre ma-
nere soil hastivement amende
en due forme sanz doner avaB-
tage a partie qe ce chalauge
par cause de tieu mesprision.

 
The general principle governing amendments at common law is, that so
long as the proceedings are in paper, i. e. until judgment is signed and en-
rolled, the Court has power to permit them to be amended, see Tidd Prac.
696 et seg. But after the term of which judgment is signed and the plead-
ings, &c., are enrolled, the proceedings can no longer be considered in paper,
168 anu hence it is said that the Courts then will allow "'amendments
only so far as permitted by the Statutes of Amendment. In particular
instances, indeed, amendments have been allowed to a greater extent, but
in these cases the proceedings must have been treated as still being in
paper; for in cases where the Courts cannot help seeing that the proceedings
are enrolled in fact, they have no power other than that the law gives, ibid.
In Maryland the proceedings are not entered on parchment rolls and filed
away, Boetler v. State, 8 G. & J. 359, nor since the Act of 1817, ch. 119,
are all judgments recorded, see Code, Art. 18, secs. 16-19.1 But the law
is the same in this respect, that after the term at which judgment is en-
tered, the Courts have no power over it or the anterior proceedings further
than that given them by law; see Stat. 4 H. 4, c. 3, infra, and the large
powers of amendment habitually exercised are therefore in general con-
1 Code 1911, Art. 17, secs. 19, 20, 23, 21; State v. Logan, 33 Md. 1.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 228   View pdf image (33K)
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