SECT. I. What may be amended, and how, SECT. II. At what time, and on what terms Amendments are granted, B SECT. VI. Unavoidable absence or mistake of witnesses, "47, 4th line from top, for "1801," read 1810. "81, 6th line from top, for " Recognizance bond," read Recognizance or bond. "301, 7th line from bottom, for "Jones v. Foster," read Foster v. Jones. 314, note 1, 2d line, for "Stat. 1817. ch. 185. Limiting," read Stat. 1817. ch. 185, limiting. "349, at the end of Sect. I. insert, Time of filing set-off. In the Court of Common Pleas, demands in set-off, must be filed seven days before the sitting of the court, where the action is brought: and before a justice, or in a justice's court, four days before the day of trial. [Stat. 1784. ch. 28. s. 12, Stat. 1793. ch. 75. s. 4.] Mode of filing set-off. Within the prescribed time, the defendant or his attorney, delivers to the clerk, or justice, the account to be filed, who minutes upon it, the day he received it, and afterwards, when the action is entered upon the docket, he minutes thereon, the fact of a set-off, having been filed. In the Court of Common Pleas, in the county of Suffolk, a fee of twenty cents, is charged by the clerk, on receiving a demand in set-off. Page 371. The rule there stated, that in actions ez contractu, the plaintiff cannot amend by striking out a defendant, has been recently overruled, in the case of Brewster v. Hobart et al. tried at Nov. T. 1833, in S. J. C. in Suffolk, in which C. J. Shaw allowed the plaintiff to discontinue against one of the defendants, simply upon payment of costs to him. |