1656 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

1888, art. 75, sec. 30. 1860, art. 2, sec. 6. 1785, ch. 80.

31. In all cases where a new party is made to an action, the
costs which accrued before such new party was made shall be
taxed as part of the costs in such action, and the judgment
rendered shall be the same as if the action had been originally
commenced between the persons who are the parties to such
action; provided, that no defendant who is made a new party
to such action shall be burdened with debts, damages or costs
further than property or assests have descended or come to his
hands from the deceased.

Ibid. sec. 31 1860, art. 2, sec. 7. 1812, ch. 145.

32. If any heir, executor, or other proper person to be made
a party shall reside in a different county than that in which
such action is pending and it may be necessary to make such
heir, executor, or other person a party to such action, a sum-
mons may be issued for such heir, executor or other proper
person, directed to the sheriff of the county where such heir,
executor or proper person resides, returnable to the court
from which the same issued; and the same proceedings shall
be had as if such heir, executor or other proper person lived
in the county where the action was pending.
The Cape Sable Co. Case, 3 Bl. 664, (note a.)

Ibid. sec. 32. 1860, art. 2, sec. 8. 1815, ch. 149.

33. If any defendant in any action shall die pending such,
action and the heir or executor of such defendant, or other
proper person necessary to be made party to such suit or action,
resides out of this State, the court in which such action is.
pending shall, on motion, order and direct a subpoena to be
issued, directed to such heir, executor or other proper person,
commanding him to be and appear before such court on or
before the first day of its next session thereafter to answer
unto the plaintiff in such action in the plea therein, if to him it
shall seem meet, which subpoena the plaintiff in the said action
may serve, or procure to be served upon such heir, executor or
other proper person; and upon proving to the satisfaction of
the court to which such subpoena shall be made returnable that
the same has been duly served, if the heir, executor or other
proper person so served with the said subpoena shall not appear
on or before the third day of the second term of the said court
after such service, in person or by attorney, and defend such
action, the said court, on motion, shall order and direct a
judgment to be entered for the plaintiff in such action, by