146

LAWS OF MARYLAND.

without any further appearance, on payment of the
costs of, and occasioned by such amendment only,
and in such case, the defendant shall be at liberty to
plead de novo.

In an action
brought by a
man and his
wife.

29. In any action brought by a man and his wife,
in respect of which she is necessarily joined as co-
plaintiff, it shall be lawful for the husband to add
thereto claims in his own right; and separate actions
brought in respect of such claims may be consoli-
dated, if the court shall think fit; provided, that in
the case of the death of either plaintiff, such suit, so
far only as relates to the causes of action, if any,
which do not survive, shall abate.

ARTICLE 2ND.

JOINDER OR DEFENDANTS.

Lawful for the
court.

30. It shall and may be lawful for the court in the
case of the joinder of too many defendants in any
action on contract, at any time before the trial of
such cause, to order the name or names of one or
more of such defendants to be struck out, if it shall
appear to such court that injustice will not be clone
by such amendment; and the amendment shall be
made upon such terms as the court by whom such
amendment is made shall think proper; and in case
it shall appear at the trial of any action on contract,
that there has been a misjoinder of defendants, such
misjoinder may be amended, as a variance at the
trial, in like manner as the misjoinder of plaintiffs
has been before directed to be amended, and upon
such terms as the court shall think proper.

May amend
the writ of
summons.

31. In any action on contract where the non-
joinder of any person or persons as a co-defendant
or co-defendants has been pleaded in abatement, the
plaintiff shall be at liberty, without any order, to
amend the writ of summons and the declaration by
adding the name or names of the person or persons
named in such plea of abatement as joint contractors,
and to serve the amended writ upon the person or
persons so named in such plea in abatement, and to
proceed against the original defendant or defendants,
and the person or persons so named in such plea in
abatement: provided that the date of such amend-
ment shall, as between the person or persons so
named in such plea in abatement and the plaintiff,
be considered for all purposes as the commencement
of the action.