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Amendment at Trial.
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LXXXVI. In case it shall appear at the Trial of any Action 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, and the Defendant shall not at or before the Time of Pleading have given Notice in Writing that he objects to such Misjoinder or Nonjoinder, specifying therein the Name or Names of such Person or Persons, such Misjoinder or Nonjoinder may be amended by the Court or the Judge or presiding Officer at the Trial, by an Order endorsed on the Abstract of Nisi Prius or Writ of Inquiry, signed by any Member of the Court, or by the said Judge or Officer, if it shall appear to such Court, Judge, or Officer that such Misjoinder or Nonjoinder was not for the Purpose of obtaining an undue Advantage, and that Injustice will not be done by such Amendment, and that the Person or Persons to be added consent, either in Person or by Writing under his, her, or their Hand or Hands, to be so joined, or that the Person or Persons to be struck out were originally introduced without his, her, or their Consent, or that such Person or Persons consent in manner aforesaid to be so struck out in the Manner aforesaid; and such Amendment shall be made upon such Terms as the Court, Judge, or Officer shall think proper; and when any such Amendment shall be made the Liability of any Person or Persons who shall be added as a Co-Plaintiff or Co-Plaintiffs shall, subject to any Order to the contrary, be the same as if such Person or Persons had been originally joined in such Action.
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