IIPleas in Abatement.
And be it further enacted, That if any Defendant or Defendants in any Action on any Simple Contract shall plead any Matter in Abatement, to the Effect that any other Person or Persons ought to be jointly sued, and Issue be joined on such Plea, and it shall appear at the Trial that the Action could not, by reason of the said recited Acts or this Act, or of either of them, be maintained against the other Person or Persons named in such Plea, or any of them, the Issue joined on such Plea shall be found against the Party pleading the same.