The "Hero."
| Jurisdiction | England & Wales |
| Judgment Date | 04 May 1865 |
| Date | 04 May 1865 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 436
HIGH COURT OF ADMIRALTY
S. C. 13 W. R. 927. Referred to, The "Dictator," [1892] P. 304.
[447] the " hero." May 4, 1865.-Amendment of mistake in pracipe-Increase mo* of action.-The prtecipe to institute an action having been by mistake entered in a smaller sum than that intended, the defendant's ship was arrested and bailed in that sum On the mistake being discovered before the hearing of the cause, the Court gave permission (on payment of costs occasioned by the mistake) for the prcBcipe to be amended, and the defendant's ship to be rearrested. [S. C. 13 W. R 927. Referred to, The " Dictator," [1892] P. 304.] Collision. This was a motion made on the 28th April 1865 on behalf of the plaintiffs, the owners of the ship " Albertus " and her cargo, for leave to amend the prcecipe instituting the cause, by altering the sum in which the action was entered from £1000 to £2600, and to decree a warrant for the rearrest of the ship " Hero." In support of this motion was filed an affidavit by the plaintiffs' proctor and his clerk, by which it appeared that the clerk had on the 15th August 1864, by mistaking his instructions, filled in the original prcecipe for instituting the action with the figures £1000 instead of £2600, that the ship " Hero " was accordingly arrested and bailed in that sum ; that the error was not discovered until the 21st April 1865; that tie damages were estimated at £2350; and that the gross register tonnage of the " Hero " was 602 tons. The defendants had originally appeared under protest to the action. Before the date of this motion the proceedings on protest had been concluded, an absolute appearance given, and the plaintiffs' petition filed. Clarkson, for the plaintiffs, in support of the motion, referred to The " Temis-couata " (2 Spinks, 208) and The " Mceander " (ante, p 29) Deane, Q.C., contra, referred to The " Kalamazoo " (15 Jur. 885) and " Wild Ranger " (ante, p...
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...could be exceeded without actual formal amendment. The Jonge Bastian (ubi sup.) is a clear authority on this point. I regard The Hero (Br. & Lush. 447) and The Johannes (L. Rep, 3 A. &E. 127) as decisions to the same errect. But, whether or no a precipe could be so dealt with, the original ......