To compel respondent to permit relator to file an amended declaration, where the cause of action arose in Canada, and the amendment counted upon the Canadian statute, which provides that the action must be commenced within twelve months after the death, and when the amendment was proposed, the twelve months had expired.

Denied July 5, 1894, with costs.

Held, that the statute of limitations could not be evaded under the guise of an amendment to the declaration.