The citizen. (Frederick City, Md.) 1895-1923, 1906-05-04
PUBLIC GENERAL LAWS.

10 take the testimony of a witness OF
witnesses named therein within thtq
state shall be issued by any Coure
without the state, either in any state
district or territory Of the United
States, or in q foreign country. direo-
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 witt
ness or witnesses to be examined under
said commission, notice of the time
ana 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 il be stated I'm such
commission or process in the nature
or a commission. that any witness to
be examined under such commission or
process. has in his possession or con-
tFol any paper writing. written in
strument book or other document.
which, II produced. would be competent
ana 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 the
nature OF commission. the said COM
miSStoners therein appointed shall serve
notice as aforesaid of the time and
said commission and therein require
said witness to bring with him and
produce TO said commissioner any such
paper writing. written instrument.
pook or other document supposed to
be IN his possession or control. the
s;tme 20 be described or identified in
said notice as in said commission
SbB. IF any witness. who shall have
been duly notified so to do as prescribe
ca IN the forefoing section shall fail
10 attend mt 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
ms deposition. II shall he the duty OF
tne comm SSiOner 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, 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
mis- order commanding the said de-
linquent witness on some day and at
some place therein appointed to appear
before him and show cause WHY he
the said witness has so failed to at
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
If 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
ana 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
sald 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
summoned to appear before such Court
ana mad failed to attend or refused to
answer; provided that the said Court
or Judge may extend the time for
nearing before him il deemed by him
necessary or important.
Section .. And be il further enacted
That this Act shall take effect from
the day of its passage
Approved March 81. 1906.
EDWIN WAKEFIELD.
Governor.
JOSEPH +. SETH
President of Senate
CARVILLE d. BENSON.
Speaker of House of Delegates