Simms. There is a difference between what a court would amend, and what can be amended under the statute. 2d. As to the condition of the bond. No man can be compelled, by his bond, to pay more than he expressly agreed to pay. The defendant has only bound himself to pay, the whole, in case the whole could be recovered. It does not appear that the 500 dollars were not paid or settled in some other way. 235*] *March 6. MARSHALL, Ch. J., delivered the opinion of the Court, to the following effect: The plaintiff declares upon a bond, dated the 3d of October; and upon oyer, the bond appears to bear date the 3d of January preceding. By the oyer, the bond is made a part of the declaration. There were several pleadings, and among the rest, a bad declaration, a bad rejoinder, and a special demurrer by the plaintiff to this bad rejoinder. When the whole pleadings 422 are thus spread upon the record by a demurrer, it is the duty of the court to examine the whole, and go to the first error. When the special demurrer is by the plaintiff, his own pleadings are to be scrutinized, and the court will notice what would have been bad upon a general demurrer. The variance between the date of the bond declared upon, and that produced on oyer, is fatal. Upon the second point the court is of opinion, that there is no error in the construction given by the court below to the condition of the bond. There are many cases on the construction of bonds, where the letter of the condition has been departed from to carry into effect the intention of the parties. But for the first error, the judgment must be reversed, and judgment entered for the plaintiff in error on the demurrer. Judgment reversed, with costs. Cited 3 Cranch C. C. 694; 7 Wall. 93. Cranch 3. Judge Chase was absent the whole term, on account of ill health; and Judge Cushing was prevented, by indisposition, from attending until the 19th of February. On the 12th of February, 1806, the Honorable John Breckenridge was sworn as Attorney General of the United States, in the place of the Honorable Levi Lincoln, resigned. GENERAL RULE, FEBRUARY TERM, 1806. The following rule was directed to be entered on the minutes of the court: All causes, the records in which shall be delivered to the clerk on or before the sixth day of a term, shall be considered as for trial in the course of that term. Where the record shall be delivered after the sixth day of the term, either party will be entitled to a continuance. cate from the clerk, stating the cause, and that a writ of error has been sued out, which operates as a supersedeas to the judgment, have the said writ of error docketed and dismissed. This rule shall apply to all judgments rendered by the court for the District of Columbia, at any time prior to a session of this court. In cases not put to issue at the August term, In all cases, where a writ of error shall be a it shall be the duty of the plaintiff in error, if supersedeas to a judgment, rendered in any errors shall not have been assigned in the court circuit court of the United States, (except that below, to assign them in this court, at the comfor the District of Columbia,) at least thirty days mencement of the term, or *so soon [*240 previous to the commencement of any term of thereafter as the record shall be filed with the this court, it shall be the duty of the plaintiff in clerk, and the cause placed on the docket; and error to lodge a copy of the record with the if he shall fail to do so, and shall also fail to clerk of this court, within the first six days of assign them when the cause shall be called for the term, and if he shall fail so to do, the de- trial, the writ of error may be dismissed at his fendant in error shall be permitted, afterwards, costs; and if the defendant shall refuse to plead to lodge a copy of the record with the clerk, to issue, and the cause shall be called for trial, and the cause shall stand for trial in like man- the court may proceed to hear an argument on ner as if the record had come up within the the part of the plaintiff, and to give judgment first six days; or he may, on producing a certifi- | according to the right of the cause. |