The information and sei. fa. thereon are bad; because they do not allege a wilful non-feasance and misfeasance in respect to' the specifications and charges relied on, as a forfeiture of the defendant’s franchise.

Leave was properly granted to the plaintiff to amend; but no amendment was made, and the pleadings remain as they were when instituted. The amendment cannot be made in this court, under the statute of jeofails, it not being a case under that statute.

Judgment affirmed.