ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 537

rant of re-survey, order, or other process, the court in which
such cause is pending, and to which such warrant of re-survey,
order, or other process is returnable, shall, on motion and proof
of delivery thereof, amerce such sheriff, surveyor or other officer
not exceeding two hundred dollars, and enter judgment against
him in the name of the State, but for the use of the party
aggrieved by such neglect, who may issue execution thereon as
upon other judgments.

PROCESS.

84. In all civil suits or actions in the Circuit Courts where
capias ad respondendum formerly issued, a writ of summons shall
be issued for the defendant, in which shall be stated the purpose
for which he is summoned; and the said summons shall be
returnable on the first day of the term next after issuing the
same.

85. If the summons is returned "summoned," and the de-
fendant returned "summoned" shall fail to appear, the court
shall on the second day of the term to which the summons is
returnable, enter the appearance of any defendant so summoned
and failing to appear, and the action shall proceed in the same
manner as if the party had appeared in person.

86. Where there is more than one defendant, and some shall
appear, and some who have been summoned shall fail to appear,
the court shall have an appearance entered for those who fail to
appear, and the same proceedings shall be pursued as if all had
appeared.

87. No person shall be sued out of the county in which he
resides, until the sheriff or coroner of the county in which he
resides shall have returned a non est on a summons issued in
such county; Provided, that nothing herein contained shall apply
to any person who shall abscond from justice in the county
where he lives, but such person may be sued in any county where
he may be found; this section not to apply to ejectment, dower,
replevin, scire facias on judgment or decree, nor to heirs, devisees
or terre-tenants against whom process may be issued to another
county.

88. If any trespass shall be committed on any real property,
and the person committing the same shall remove from the