Majority
p. 151Tower against Wilson, Sheriff of Washington.
Headnote
The nisi pri-us record is always amendaable by the issue roll, on payment of costs. Awarding a ve-nire to the proper officer on an, insufficient suggestion is, after verdict, cured by the statute of jeofails.SHEPHARD moved in arrest of judgment on the following grounds : 1st. That there was a variance between the issue roll and nisi prim record; the memorandum in the first being of January term, 1803, and that of the latter in 1804. 2d. That there was no special suggestion, that the sheriff of the county was interested, and no special award to the coroner, who appeared to have returned the venire.
Foote contra,
was stopped by the court.
The issue roll is allowed to be correct, and the circuit record is always amendable by it, on payment of the costs of the motion made. The second error is within the spirit of the statute of jeofails, which after verdict, cures the award of a venire to an improper officer, on an insufficient suggestion ; a fortiori if the award be to the right person. Take nothing by your motion.