AST. 75] PROCESS——WITNESSES. 1701

be instituted in the county in which the deceased died, if any of his
heirs reside there, and if not, in the county in which his real estate or
some part thereof is situated.

Cited but not construed in Moutel v. Consolidation Coal Co., 39 Md. 170.

1904, art. 75, sec. 153. 1888, art. 75, sec. 141. 1860, art. 75, sec. 97.
1777, ch. 12, sees. 1, 2.

159. A summons for witnesses residing in a different county to
testify in trials to be had before the circuit court may issue, and shall
be directed to the sheriff of the county where the witnesses reside; and
all witnesses upon whom such summons shall be served shall be liable
to attachment and fine in like manner as if such witnesses resided in
the county where the trial is had.

Cited but not construed in Montel v. Consolidation Coal Co., 39 Md. 170.

Ibid. sec. 154. 1888, art. 75, sec. 142. 1860, art. 75, sec. 98.
1795, ch. 23.

160. If a witness residing in a different county from that in which
the trial is to be had shall be summoned, or has removed from such
county after being summoned, and shall fail to appear after being so
summoned, an attachment may issue for such witness to the sheriff of
the county where said witness resides, returnable to the court issuing
the same; and if the sheriff take such witness, he shall produce him
before the said court to abide its sentence thereupon.

Cited but not construed in Montel v. Consolidation Coal Co., 39 Md. 170.

Ibid. sec. 155. 1888, art. 75, sec. 143. 1860, art. 75, sec. 104,
1817, ch. 139, sec. 1.

161. When any of the clerks of any of the courts within this State
shall be required to issue any writ or process whatever, to be served in
any other county than that in which he is clerk, he shall issue the same
directed to the sheriff, coroner or other proper officer of such other
county to whom the same ought to be directed, and shall immediately
enclose such process in a letter or cover, sealed up and addressed to the
clerk of the circuit court for such other county, or the clerk of the
superior court of Baltimore city, and on the back thereof shall endorse
his name as clerk of the court from which it issues, and shall forthwith
deposit the same in the next postoffice, to be conveyed by the ensuing
mail to the postoffice at or nearest to which the clerk of such other court
shall reside; and in such letter or cover shall be written the usual docket
entry of such process, so as to show the parties concerned, and the
nature and purpose thereof.

Cited but not construed in Deale v. Estep, 3 Bl. 439.

See sec. 171.

See art. 87, sec. 17, et seq.

Ibid. sec. 156. 1888, art. 75, sec. 144. 1860, art. 75, sec. 105
1817, ch. 139, sec. 2.

162. Each clerk of the circuit courts for the several counties and
the clerk of the superior court of Baltimore city shall send to