ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 525

to make up their verdict, or before judgment given on demurrer,

as the case may be, and the court may grant such continuances,

and may award such costs against the party making the amend-

ment as may be deemed just and reasonable.

29. In amendments for non-joinder or misjoinder entire new _
parties, either plaintiffs or defendants, cannot be introduced, but
some one of the original plaintiffs and some one of the original
defendants must remain parties to the action, and in no case of
amendment can entire new parties, either plaintiffs or defendants,

be made.

30. Where an heir at law or devisee has been omitted as a
defendant, the plaintiff may amend by making such heir or
devisee a party, and such proceedings shall be had as will pro-
duce a fair trial.

31. Nothing in the preceding sections of this article relating to
amendments, shall affect any plea of limitations, in abatement,
to the jurisdiction or other dilatory plea.

32. Where an amendment is allowed after the jury is sworn,
and the court shall consider a continuance necessary to a fair
trial of the cause, a juror shall be withdrawn, but if the court
considers that a continuance is_ not necessary to a fair adminis-
tration of justice, the jury may proceed and try the case after
the amendment.

33. In all cases of amendment, the allowance of costs shall be
in the discretion of the court.

34. No cause shall be continued beyond the second term after
process has been served on the defendant, unless by consent of
parties, or upon good cause shown by the party asking the con-
tinuance.

35. Upon suggestion, supported by the affidavit of the party
or some other credible person, that the evidence of a witness is
wanting who resides in some place beyond the limits of this State,
or the evidence of a witnessTesiding within this State, the court
shall continue the cause for such time as may be deemed neces-
sary to enable the party to procure the attendance or obtain the
testimony of such absent witness; Provided, the party applying