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Subsequent Proceedings against the Persons named in a Notice for Nonjoinder of Defendant.
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XC. In all Cases after such Notice of Objection or Plea in Abatement in respect of the Nonjoinder of a Party as Defendant, and Amendment in pursuance thereof, if it shall appear upon the Trial of the Action that the Person or Persons so named in such Notice was or were jointly liable with the original Defendant or Defendants, the original Defendant or Defendants shall be entitled, as against the Plaintiff, to the Costs of such Notice and Amendment; but if at such Trial it shall appear that the original Defendant or any of the original Defendants is or are liable, but that One or more of the Persons named in such Notice is or are not liable as a contracting Party or Parties, the Plaintiff shall nevertheless be entitled to Judgment against the other Defendant or Defendants who shall appear to be liable, and every Defendant who is not so liable shall have Judgment, and shall be entitled to his Costs as against the Plaintiff, who shall be allowed the same, together with the Costs of the Notice and Amendment, as Costs in the Cause against the original Defendant or Defendants who shall have so objected to the Nonjoinder of such Person: Provided always, that any such Defendant who shall have so objected shall be at liberty on the Trial to adduce Evidence of the Liability of the Defendants named by him in such Notice.
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