sec.238Respecting the amendment of convictions etc.

### sec.238 Respecting the amendment of convictions etc. Whenever the facts or evidence appearing by the depositions in substance support the adjudication of the justices, then if such adjudication does not extend beyond the complaint, and if such facts or evidence would have justified the justices in making any necessary allegation or finding omitted in such adjudication, or in the formal conviction or order, or any warrant issued in pursuance of such adjudication, the powers of amendment conferred by the foregoing provisions of this part may be exercised, and when in a conviction there is some excess which may (consistently with the merits of the case) be corrected, the conviction shall be amended accordingly, and shall stand good for the remainder, and all amendments shall be subject to such order as to costs and otherwise as the court or judge thinks fit. s 238 sub 1949 13 Geo 6 No. 30 s 34