The clerks of court, in all cases where there are two (2) or more defendants in any case, civil or criminal, and a subpoena for witnesses or other process issues on application of part only of the defendants, shall mark thereon at whose instance the subpoena is issued.
Code 1858, § 4049 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., § 5864; Code 1932, § 10066; T.C.A. (orig. ed.), § 18-107.