delivered the opinion of the court.
The writ of scire facias was served less than five days before the first day of the term to which it was returnable. It was, therefore, error to take judgment by default at that term.
The scire facias did not follow literally the recitals of the recognizance as it should have done, but as it is amendable this can be remedied on the return of the case to the Circuit Court. Tucker v. State, 55 Miss. 453.
Reversed and remanded.