9th May, 1806. Giumke, J., declared the opinion of all the court. That the special verdict could not be amended without the consent of both parties ; but as it was conceded, that a particular fact was' not found, which ought to be found, in order to a complete understanding, and just decision of the question intended to be settled by the special verdict, it was necessary that there should be a venire de novo. Venire de novo granted.