#### Ballance v. Leonard.

(April Term, 1865.)

1. Amending becobds in the Supreme Court. This court cannot supply omissions in the record; that can only he done in the court helow.

2. So where it is alleged that certain instructions were omitted from the bill of exceptions, this court can only award a writ of eertiora/ri, to enable the party to bring up a complete record, when amended in the court below.

Mr. Cooper,

for the plaintiff in error, asked leave to file an additional transcript of proceedings in the court below, with the view of incorporating into the record certain instructions which had been omitted from the bill of exceptions.

Per Curiam :

This court can only hear a cause as it appears in the record; we have no power to make a new record. If there is any portion of the proceedings in the court below which has been omitted from the record, it can only be supplied upon application to that court for the purpose. We can merely award a writ of certiorari to enable the party to bring a transcript of the record, when amended, to this court.

Leave denied.