John Wyatt, appellant, vs. Jacob Harden, appellee.

1. When a substantial amendment is made in a declaration, the defendant should be allowed until the next succeeding term to plead.

2. It is improper to allow evidence to go to the jury which would constitute the ground of a separate action.

August, 1822.

— Appeal determined before Benjamin Johnson, Andrew Scott, and Joseph Selden, judges.

Opinion oe the Court. — The judgment in this case must be reversed upon two grounds: 1. The court erred in not allowing the appellant, the defendant in the court below, until the next term to plead, after a substantial amendment of the declaration had been made. 2. The court erred in permitting any evidence to go to the jury in relation to a ferry, as a disturbance of or injury done thereto would constitute the ground of a separate action. Reversed.