The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1906-05-04
CHAPTER 239

~
o5, OF the Code of Public General
Laws of Maryland (of 1904 title
evidence subtitle Commission to
lake Evidence from other States,
and to enact in lieu thereof, three
new sections of sal Article 80, to
be numbered Sections &c, sc A and
sc B.
Section BE it enacted by the Gen
eral Assembly of Maryland, That Sec
ton thirty six 1861 of Article thirty
five t25Dof the Code (of 1900 OF Public
General Laws of Maryland. title "Evi-
dence." subtitle Commissions 10 take
Evidence from other States be and
the same is hereby repealed, and that
in lieu thereof. three new sections OF
said Article thirty-fye, numbered
thirty six (36l. thirty-siX A (36Al and
thirty-six r t3G 81. be and the same
are hereby enacted, as follows:
2c-A party to any civil action. suit
or special proceeding, pending in
CONT without this State either IN any
State, District or Territory of the Unit
t-r States on in a foreign GENTRY may
obtain by the special proce edings pre-
ssri1 FL in the following tvs sections
OF this Article, the testimony of wit
ness. or witnesses, and in connection
Herewith. the production of hooks
and papers within this State, to be
used in Snch action, snit or special
proceeding.
Whenever any Commission. or
process in the nature of a commission,
to take the testimony of a witness or
witnesses named therein. within
this State shall be issued by any Court
without the State. either in any State,
district or territory of the United
States. or i'm a foreign country. direct
ed To any person. designated by name,
title of office or otherwise, in this
State, the person so designated as com
missioner shall serve notice on the
witness or Witnesses to be examined
under said commission. notice of the
time AMI place appointed for the eN-
ecution Of said commission at least
five DAYS before the day so appointed,
and whenever the Judge OF the Court.
wherei in snch action. suit or special
proceeding is pending. is satisfied by
the affidavit of either party thereto
or otherwise. and ii be stated in such
commission OF process in the nature
of a commission. that any witness TO
he examined under such commission
control any paper. writing. written in
strument. book or other document.
which. il produced, would he compel
ent and material evidence for the par
ties To such suit or action. or either OF
them, and said paper. writing. written
istrument, book or other document he
sufficiently described for Identification
In said commission or process in
al a
Commissioner therein appointed shall
serve notice as aforesaid of the time
and place appointed for the execution
% said commission aRd therein re
quire said witness 10 bring with him
and produce to said commissioner any
such paper. writing. written insiru-
ment, book or other document. sup
Ecsed To 80 ia his possession or con.
troll. the same TO be- described or iden
titled in said notice as in said com
mission.
s6B-If any witness. who saall have
bee n duly notified so To do as preScrib.
Ell in the foregoing section. shall fail
e attend ~ the execution Of said com
mission. or refuse to testify or to
answer such questions as may be pro
pounded to him under such commits
AfRA W A.aAAA tau ~ tfiAttlhtta pun QUAINT
To said notice, any book. paper az in
strameBt OF writing in his possession
or control. or shall refuse 10 subscribe
his deposition. il shall be- the duty OF
the commissioner named In said com.
mission az the request ct the couTl
issuing the sane. 10 certify such fail
ure to attend or refusal 10 testify or
subscribe. or 10 produce books. papers
a,
Court for the county or To any Judge
Of the Supreme Bench Of Baltimore
Citv. IS the ease NAV be. where said
commission Is 10 be- executed and The
said court or judge on receiving the
raid certificate. shall forthwith issue
bis order commanding the said del
inqnent witness on some dav and at
some place therein appointed to ap
pear before him and show caas4 why
be, the said witness. has so failei ga
attend or refused To testify or sub
scribe, or refuse 10 produce hooks or
papers In his possession or control a
copy Of which order shall he served
upon said Delinquent witness AZ lesis,
i've DAYS before the day therein APP
pointed AMI If the said witness. after
having had such notice of said order.
Fft-ttt HFEitti or fEfuSA 10 appear bta
fore sai Judge ar appearing. shall
fail "a show good ami sufiicftsnt canse
why he. the said witness had So fail
81 10 attend OF refused to testify or
subscribe his deposition. or refuse Ia
produce said books or papers before
sail commissioner. then and nor other
wise. the said court or Judge NAV issue
an attachment in the name Of the
State and compel the appearance and
answer az such witness in The same
manner rs any Court In this state
would be authorized To do II such wit.
ness had been summoned Ia appear
before such Courts and had failed to
?ttend or refuse to answer: provided
that the said CanFi or Ju4ge may tx.
tend the time for hearing before him
II deemed by him necessary or i'm
POriaRt.
Sec 2-And be IL further enacted
That this Act shall take efiect from
the day OF lis passage
Approved March 81. 1906.
I'm