SEC. 1. Be it enacted, by the General Assembly of Maryland,
That no writ or action, which shall hereafter be sued out or
commenced, shall abate or be discontinued, or any bail, or other
security therein, be discharged, because of the misnomer of any
defendant named therein, or because of any want of, or mistake
in the addition to the name of any defendant, if it shall appear,
on suggestion, supported by affidavit or affirmation, of the plain-
tiff, or other proof to the satisfaction of the court, that the party
arrested or summoned in virtue of such writ or action, is in fact
the party intended to be sued by such writ, or in such action;
and the court may on motion, supported by affidavit, or other
proof as aforesaid, either before or after plea in abatement,
permit and direct any writ, declaration, plea or entry, to be
amended, by inserting therein the true name or addition of any
defendant, or making such entry, or correction, or permitting
such declaration or plea or proceeding, to be filed, as the
circumstances of each case may require, and the court may, in
their discretion, or in pursuance of any rule to be by them
adopted, allow or refuse costs to the defendant, on making or
permitting any such amendment.
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No action
to abate in
case of mis-
nomer of
defendant,
&c.
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SEC. 1. Be it enacted, by the General Assembly of Maryland,
That when any person shall be arrested on any process issued
by any of the county courts of this state, or by Baltimore city
court, or by one of the judges of any of the said courts, founded
on oath, requiring security to keep the peace, and shall fail to
give such security; if such person appear to the court, or judge,
(as the case may be,) to be lunatic or insane, or be alleged to be
so, he shall be subject to the same proceedings that are directed
against persons arrested for crimes or misdemeanors by the act
to which this is a supplement, and be in all respects dealt with
as if his case had been expressed and provided for in the
said act.
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Persons ar-
rested ap-
pearing to
be lunatic
subject to
same pro-
ceedings as
other per-
sons, &c.
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