PLEADINGS, PRACTICE AND PROCESS AT LAW

2791

	149. Said parties shall testify under oath.	168. Joint action against heirs and devisees
	150. Power of court to grant relief to judg-	living in different counties; dupli-
	ment creditor.	cate writs may issue.
	151. Punishment for contempt of court's	169. Summons for witnesses residing in dif-
	order.	ferent counties; how issued.
	152. When proceedings applicable to judg-	170. Attachment against such witnesses for
	ments of justices of peace.	failure to appear.
		171. How clerk shall issue writs to be
	III.	served in any other county than that
	PROCESS.	of which he is clerk.
	153. Writ of summons; how issued, served	172. Clerks to send daily to post-office for their mail.
	and returned. 154. Writs returned not executed; renewal. 155. Personal appearance of defendant;	173. Clerk receiving and delivering any process for another county shall mail to clerk of such county a certificate
	when to be entered.
		of the facts.
	156. Where some appear and some do not, personal appearance to be entered for those failing to appear. 157. Where defendants shall be sued; ex-	174. Penalty for neglect of secs. 171-173. 175. Expenses of postage and compensa- tion for transmission, how paid. 176. Process to another county may be
	cepted cases. 158. Trespasser; where suable.	sent by clerk by any person as well as by mail.
	159. Where captain or owner of vessel may be sued for non-delivery of goods	177. Service on sheriff, where there is no coroner, how made.
	shipped. 160. Jurisdiction of county lying on navi-	178. Court may appoint elisor where there
		is no coroner to serve process in
	gable river. 161. Jurisdiction of counties on navigable	cases in which sheriff is interested. 179. Power of elisor so appointed.
	waters; proviso.
	162. County maps evidence of boundaries and to determine center of waters.	180. Vacancy to be filled by court. 181. Process from counties to be made re-
	163. Certified copies of county maps to be	turnable to superior court of Balti-
	filed and to be authoritative.	more City.
	164. Process for arrest of person commit-	182. Where service of process is forcibly
	ting crimes; how and where to be	resisted, how service made.
	issued.
	165. Suits against devisees of deceased	Non-Pros.
	debtor.	183. Call of plaintiff before verdict, abol-
	166. Writ of scire facias; how served.	ished. Plaintiff may take non pros.
	167. Duplicates of writs of scire facias	until argument on facts begins;
	against heirs and terre-tenants;	where "set-off" is pleaded, defen-
	when issued and how served.	dant may take non pros, as to.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1856, ch. 112.

1. The practice, proceedings and pleadings in the several courts of
law shall be the same that were used and practised in the courts of law
of this State at the time of the adoption of the constitution of 1851, except
so far as the same are altered and changed by this code.

Where a defendant is not summoned, and one or more terms pass without process
being renewed, the action is thereby discontinued. Hazelhurst v. Morris, 28 Md. 72.

As to pleading, practice and process in equity, see art. 16, sec. 161, et seq.

I.

PLEADINGS.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1856, ch. 112, sec. 52.

2. Whatever facts are necessary to constitute the ground of action, de-
fense, or reply, as the case may be, shall be stated in the pleading and