T. WATKINS LIGON, ESQUIRE, GOVERNOR.

163

TITLE FIFTH.

REPLEADER.

129. Wherever the issue joined and tried shall be
an immaterial one, the court shall award a replead-
er; and the parties shall begin to replead at the first
fault which produced the immaterial issue. And
the pleadings in such case, shall be in the forms
hereinbefore prescribed for pleadings in general; and
shall be substituted for the defective pleadings.

TITLE SIXTH.

ABATEMENT.

Court shall
award a re-
pleader.

130. It shall not be necessary to use any prayer of
judgment in any plea in abatement. Nor shall it be
necessary, in any plea in abatement to crave oyer of
any instrument of writing on which the suit is
brought, nor to insert it in the plea.

Not necessa-
ry to use any
prayer of judg-
ment.

131. No formal defence, and no formal conclu-
sion shall be required in pleas in abatement. They
shall commence in the form hereinbefore prescribed
for pleas in bar, or to the like effect.

No formal de-
fence or con-
clusion shall
be required.

132. In a plea in abatement for the non-joinder of
a co-defendant or co-defendants, it shall be necessary
to allege, and to prove, that the persons mentioned
as not joined, are still living and are residing in the
county in which the suit is brought, or the city of
Baltimore, if the suit be brought there.

Necessary
to allege and
prove the resi-
dence of co-de-
fendants.

133. All defects in pleas in abatement shall be
corrected, upon motion, as in other pleadings under
this code.

TITLE SEVENTH.

MOTIONS.

All defects in
pleas in abate-
ment shall be
corrected.

134. Every motion required by this code shall be
in writing, and shall assign reasons: but no par-
ticular form shall be necessary.

TITLE EIGHTH.

GENERAL PROVISIONAL RULES.

Motions shall
be in writing.

135. Any matter of pleading, which shall not
come within the special provisions of this code, and
for which, there is not now some rule, which does

Pleadings not
within the spe-
cial provisions
of this code.