Chap. 421.—An ACT to empower the courts to order a suit in equity or action

at law to abate as to any improperly joined plaintiff or defendant, and to

roceed thereafter by or against the others as if such misjoinder had not
en made.

Approved February 27, 1804.

1. Be it enacted by the general assembly of Virginia, That when-
ever it shall appear in any action at lawor suit in equity, by the
pleadings or otherwise, that there has been a misjoinder of par-
ties, plaintiff or defendant, the court may order the action or suit to
abate as to any party improperly joined, and to proceed by or against
the others as if such misjoinder had not been made; and the court
may make such provision as to costs and continuances as may be
just.

2. This act shall be in force from its passage.