1. Upon the hearing of this case before the Supreme Court, it was insisted by counsel for plaintiff in error that the agreement entered into between the counsel, and which is set forth in the statement of facts by the Reporter, was not intended to admit, and does not by its terms admit, that the claim affidavit was, in truth, sworn to before the magistrate. The counsel is, perhaps, correct in his interpretation of the language used in the agreement. But if not admitted, then it
2. Was he right in permitting the magistrate to sign the jurat, nune pro tuno ? In other words, is the jurat amendable so as to make it speak the truth? Different forms are required by the rules of the different English Courts to be complied with in. the jurats to affidavits intended to be used before those Courts: 1 Tidd’s Pr., 495. In the common pleas, if the month be omitted in the jurat of an affidavit of the delivery of a declaration against a prisoner in custody, it is defective and cannot be amended: Wood et al. vs. Stephens, a prisoner, 3 Moore, 236. “ But, though the omission of the form directed to be inserted in the jurat of an affidavit, may be an objection to its being received in the Court, whose rules have not been complied with, yet, still, it seems that perjury can be assigned upon it:” 1 Tidd, 496. I know of no rule of Court or law in Georgia prescribing any special form of jurat to an affidavit. The jurat is no part of the affidavit proper. Where a law requires a copy of an affidavit to be served upon the adverse party, it is not necessary to serve a copy of the jurat: Livingston vs. Chatham, 2 Johns., 479; unless, without it, facts stated may be unintelligible: Union Furnace Company vs. Shepherd, 2 Hill, (N. Y.,) 413. And even then the magistrate’s name may be omitted: Chase vs. Edwards & Bull, 2 Wend., 283. If, then, the jurat is no part of the affidavit proper, why should it not be amendable? It is no part of the oath — simply an officer’s entry. True, Judge Lumpkin, in Birdsong & Sledge vs. McLaren, 8 Georgia, 521, speaking for himself, thought an attachment affidavit wanting the magistrate’s signature was fatally defective. Two observations may' be made on that case: 1st. Though the point was in the case,
3. The amendment of the bond was a matter entirely between the sheriff and the obligors; they consenting, the amendment was properly allowed. The sheriff’s duty was to furnish the proper bond. If he did so, in good faith, before any possible harm could coiné to plaintiff, the latter had no cause of complaint: Rogers vs. May, 25 Georgia, 463; Colley vs. Mor
Judgment affirmed.