The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1906-05-11
PUBLIC GENERAL LAWS.

to take the testimony OF witness Of
witnesses named therein within thia
State shall be issued by any Court
without the State, either in any State,
States, or in a foreign country, direo.,
ted to any person designated by name,
title of office or otherwise, in this
State, the person so designated as COM
ness or witnesses to be examined under
said commission, notice of the time
and place appointed for the execution
Of said commission at least five days
whenever the Judge of the Court;
wherein such action, suit or special.
proceeding is pending, is satisfied by.
the afidayit Of either party thereto st
commission or process in the nature
of commission, that any witness to
be examined under such commission or
process. has in his possession or con-
strument, book or other document,
which. If produced would be competent
and material evidence for the parties
to such suit or action, or either Of
them, and said paper, writing, written
instrument, book or other document be
sufficiently described for Identification
IN said commission or process in tho
nature Of commission. the said COM
m1ssioners therein appointed shall serve
notice as aforesaid of the time and
place appointed for the execution Of
said witness to bring with him and
produce to said commissioner any such
paper, writing. written instrument,
book or other document, supposed to
be in his possession or control the
same to be described or identified in
said notice as in said commission.
36B. If any witness, who shall have
been duly notified so to do as prescrib-
ed in the forefoing section. shall fail
to attend at the execution of said COM
mission or refuse to testify or to an
swer such questions as may be pro-
pounded to him under such commission
or shall fail to produce. pursuant to
said notice. any book. paper or instru-
| ment or writing in his possession or
his deposition, it shall be the duty Of
the commissioner named in said COM
mission at the request of the court
issuing the same, to certify such fall
| subscribe. or to produce books, papers
or written instruments. to the Circuit
Court for the county or to any Judge
Of the Supreme Bench of Baltimore
CITY, as the case may be, where said
commission is to be executed; and the
\ said court or judge. on receiving the
said certificate, shall forthwith issue
I his order commanding the said de-
! lfnquent witness on some day and at
some place therein appointed to appear
| before him and show cause why he,
tend or refused to testify or subscribe,
| or refused to produce books or papers
| in his possession or control a copy Of
! which order shall be served upon said
| delinquent witness at least five days
| before the day therein appointed; and
! it the said witness, after having had
such notice of said order. shall neglect
or refuse to appear. before said Judge,
or appearing, shall fail to show good
| and sufficient cause why he the said
| witness, has so failed to attend or
| refused to testify or subscribe his de-
| position, or refuse to produce said
| books or papers before said commits
sloner. then and not otherwise the
| said court or Judge may issue an at
| tachment in the name of the State and
| compel the appearance and answer Of
such witness in the same manner as
any Court in this State would be au-
thorized to do If such witness had been
J summoned to appear before such Court
| and had failed to attend or refused to
| answer; provided that the said Court
| or Judge may extend the time for
| hearing before him if deemed by him
! necessary or important
| Section 2. And be it further enacted,
| That this Act shall take effect from
| the day of it's passage
Approved March 81, 1906.
| EDWIN WAKEFIELD,
| Governor.
| JOSEPH B. SETH,
| President of Senate.
| CARVILLE D. BENSON
| Speaker of House of Delegates.