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Power of amendment.
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48. It shall be lawful for the chairman of the civil bill court, or any judge of assize on appeal, at all times to amend all processes by adding or striking out parties, whether plaintiffs or defendants, and all other defects and errors in any civil bill process or notice, or other proceeding of the civil bill court, whether there may be anything in writing to amend by or not; and all such amendments may be made in such manner as shall be thereby directed, and with or without costs, and upon such terms as to the said chairman or judge shall seem fit; and all such amendments as may be necessary for the purpose of determining in any existing suit the real question in controversy between the parties shall be so made; and when such amendment shall be allowed, the order for allowing the same, specifying the amendment, shall be entered as of record upon the court book of the clerk of the peace: Provided always, that no such amendment shall be made if it shall appear to the chairman or to the judge of assize on appeal that the same is calculated to mislead and injuriously prejudice the opposite party in the merits of his case.
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