T. WATKINS LIGON, ESQUIRE, GOVERNOR.

145

in such cause, shall be so joined, or that any person
or persons, originally joined as plaintiff or plaintiffs,
shall be struck out from such cause, if it shall appear
to the Court that injustice will not be done by such
amendment, and that the person or persons to be ad-
ded as aforesaid, consent, either in person or by writ-
ing under his, her or their hands, to be so joined, or
that the person or persons, to be struck out as afore-
said, were originally introduced without his, her or
their consent, or that such person or persons consent
in manner aforesaid to be so struck out; and such
amendment shall be made upon such terms as to the
amendment of the pleadings, (if any,) postponement
of trial, and otherwise, as the Court shall think pro*-
per; and when any such amendment shall have been
made, the liability of any person or persons who shall
have been added as co-plaintiff or co-plaintiffs shall,
subject to any terms imposed as aforesaid, be the
same as if such person or persons had been originally
joined in the cause.

27. In case it shall appear at the trial of any ac-
tion, that there has been a misjoinder of plaintiffs, or
that some person or persons not joined as plaintiff or
plaintiffs ought to have been so joined, such misjoin-
der or non-joinder may be amended as a variance at
the trial, if it shall appear to the Court that injustice
will not be done by such amendment, and that the
person or persons to be added as aforesaid consent
either in person or by writing, under his, her or their
hands, to be so joined, or that the person or persons,
to be struck out as aforesaid, were originally introdu-
ced without his, her or their consent, or that such
person or persons consent in manner aforesaid to be
so struck out, and such amendment shall be made upon
such terms as the Court shall think proper; and when
any such amendment shall have been made, the lia-
ability of any person or persons, who shall have been
added as co-plaintiff or co-plaintiffs, shall, subject
to any terms imposed as aforesaid, be the same as if
such person or persons had been originally joined in
such action.

Mis-joinder
may be amen-
ded.

28, In all cases where a plea in abatement of
nonjoinder of a person or persons as co-plaintiff or
co-plaintiffs shall be pleaded, the plaintiff shall be
at liberty without any order of the court, to amend
the writ and other proceedings before plea, by ad-
ding the name or names of the person or persons
named in such plea, and proceeded in the action

May amend
writ.