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Plaintiff may discontinue by Notice.
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CCXXII. The Plaintiff in Ejectment shall be at liberty at any Time before Verdict or Judgment against him to discontinue the Action as to One or more of the Defendants, by giving to the Defendant or his Attorney a Notice, headed in the Court and Cause, signed by the Plaintiff or his Attorney, stating that he discontinues such Action; and thereupon the Defendant to whom such Notice is given shall, by filing an Affidavit of the Service of such Notice, be entitled to and may forthwith sign Judgment for Costs in the Form No. 21. contained in the Schedule B. to this Act annexed, or to the like Effect; and any One of several Plaintiffs desirous to discontinue may apply to the Court or a Judge to have his Name struck out of the Proceedings, and an Order may be made thereupon upon such Terms as to the Court or Judge may seem fit, and the Action shall thereupon proceed at the Suit of the other Plaintiffs.
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