Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1906-05-17


"An Act 10 repeal Section &c, of Article |
IS, OF the Code Of Public General |
Laws OF Maryland tof 1901 title |
Evidence subtitle Commission To
take Evidence from other States
aHd TO enact In lieu thereof three
Iew sections Of sal Article 80, To
b. numbered Sections &c, &c A and
70 e.
---,SectiOn BE IL enacted by the Gen
eTaI Assembly OF Maryland. That Sec
ton thiTty-six 1861 OF Article thirty
fVe I35Dof The Code tot ls04b Of Public
General Laws Of Maryland. lille "Evi-
denCe," subtitle Commissions tn take
Evidence FROM other States" be- and
the same h. hereby repealed. and that
IL lieu thereof. three new sections Of
slIi Article thirty numbered
thirty six 1861. hirty-six A (3GAb and
thirty sis Il GIG 49,. be and the same
are hereby enacted. as Ioilowa:
GA party to any civil action, suit
Or special proceeding. pending ia a
Cont without this State either in any
State, District or Territory Of the Unit
~ States or IN foreign country may
obtain bv the special proceedings pre-
=eFI' ed In the following two sections
Of this Article. the testimony OF wit
Herewith, the production Of books
ard papers within this State. to be-
used IN such action. suit or special
3aoceedfng.
3GA-Whenever any Commission. or
process In the nature az q commission.
te take THE Testimony Of a witness or
Witnesses named therein. within
this State shalt be issued by any Curt
withailt-the State. either In any State
district ST territory of the United
States. or In foreign country. direct
ed Ia 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 AM place appointed for the ex-
ecItiOR Of said commission at least
five days before the day SD appointed:
and whenever the Judge Of the Court.
wherein such action. suit or special
proceeding is pending. Is satisfied by
tbs affidavit of either party thereto
or otherwise. and II be- stated In such
commission or process In the nature
Ut a commission. that any witness To
la examined under such commission
9I. process. has In his possession or
X.
stTument. hook or other document.
which. IL produced. would be compel
cni and material evidence for the par
ties to sich suit or action. or either OF
them. and said paper. writing. written
tstTiIment. hook or OTHER document he
sufficiently Described for Identification
Ia said commission or process In
ihe, nat rre Of q commission, the said
Commissioner therein appointed shall
serve NDiice an aforesaid Of The time
Sad place appointed for the execution
0f said commission and therein re
qulre said witness tn bring with him
and produce To said commissioner any
such paper. writing. written instru-
Iaent, book or other document, sup
Ecsed t0 Je In his possession or con
trOl. the same tn be described or iden-
titled in said notice as in said com
mission.
3CB-lf any witness. who shall have
bee % daily notified so tn do as prescrib-
al In the foregoing section, shall fail
To- attend at the execution of said com
HIAssion. or refuse TO testify or "a
answer such questions as may be- pro.
pounded To him under such commits
ai0n or shall fail To- produce. pursuant
20 said notice, any book, paper ar In
VI ItBaStSSlOH
az control. ar shall refuse To subscribe
hiS deposition, IL shall he the duty of
the commissioner named In said com.
mission at the request nf the court
issuing the same, To certify such fail.
IRE Ia attend or refusal To testify or
subscribe. al Ia produce books. papers
nf written instruments, tO the Circuit
Court. for the county or to any Judge
OF the Supreme Bench of Baltimore
tl!Y. as the case NAV be- where said
commission Is To be- executed: and the
said court or judge. On receiving the
said Certificate. shall forthwith issue
ms order commanding the said del
mqn+nt witness on some dav and al
come place therein appointed Ia an
pear before him ana show causn WHY
h". the said witness. has so failed 4,
attend or refused tn testify or sub
scribe. ar refuse to produce books on
papers in his possession or control. 2
copy of which order shall he served
upon said delinquent witness N least
i've DAYS before The dav therein an
pointed: ani IL the said witness. after
having hafi such notice Of said order
shaii neglect nr refuse tn appear be-
lore sail Judge. or appearing, shall
Iailito show good and sufficient cause
why ne. the said witness had so fail,
81 to attend or refused in testify or
suhsSribc his deposition. or refuse Ia
preface said hooks or papers before
sal commissioner. then and not other.
wise. the said court or Judge may issue
an attachment In the name of the
Stale anEs compel the appearance and
answer OF such witness In the same
manner as anv Court I'm this State
wonld be authorized 10 do II such wit.
ness hail been summoned ta appear
before Snch Courts and had failed Ia
attend or refuse 10 answer: provided
that the said CnHrt or Judge NAV OK
tend the time for. hearing before him
deemed by him necessary or i'm
pOEtant.
Sec And he Il further enacted
That this Act shall take effect from
the day 0f its passage
Approved March 81. 1906.