The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1906-05-12
PUBLIC GENERAL LAWS.

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 in a foreign country, direc-
TED 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 wit
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
before the day so appointed; and
whenever the Judge of the Court;
wherein such action, suit or special
proceeding is pending, is satisfied by
the affidavit of either party thereto
or otherwise. and it be stated in such
commission or process in the nature
of a commission; that any witness to
be examined under such commission or
process. has in his possession or con-
troll any paper, writing, written in
strument, book or other document,
which. If produced. would be competent
and material evidence for the parties
10 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 a commission the said COM
missionerS therein appointed shall serve
notice as aforesaid of the time and
place appointed for the execution of
odlu COHUllSSlOn anu IneTeln require
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 prescrlh-
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
control. or shall refuse to subscribe
his deposition. it shall be the duty os
the commissioner named in said COM
mission at the request of the court
issuing the same, to certify such fall
ure to attend or refusal to testify or
subscribe, or to produce books. paper
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 certificate shall forthwith issue
his order commanding the said de-
hnquent witness on some day and at
some place therein appointed to appear
before him and show cause why he.
the said witness. has 50 failed to at-
tend or refused to testify or subscribe
or refused TO produce books or paper
in his possession or control. a copy n"
which order shall be served upon said
delinquent witness at least five davs
before the dav therein appointed: and
II the said witness. after having hal
such notice of said order. shall neglect
or refuse to appear before said Judge
or appearing. shall fail to show goo1
and sufficient cause Why he the sail
witness, has So failed to attend or
refused to testify or subscribe his dc-
position, or refuse to produce said
books or papers before said comm s.
Sloner then end not otherwise. the
said court or judge NAV issrA on at
tachment in the name of the State and
compel the appearance and answer NJ
such witness in the Same r1anner ~
any Court in this State would he au-
thorized to do if such witness had been
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 its passage
Approved March 81. 1905.
EDWIN WAKEFIELD
Governor.
JOSEPH B. SETH.
President of Senate
CARvILLE D. BENSON
Speaker of House of Delegates