MACCUBBIX v. MATTHEWS.—2 BLAND. 237

"John H. Maccubbin v. Elizabeth Matthews, and others.—In
Chancery."

"To Charles Waters, Henry C. Dunbar, and O'Neal Cromwell;
you are hereby summoned to attend at the office of Benjamin C.
Eidgate, corner of St. Paul's and Fayette Streets, in the City of
Baltimore on Tuesday, the 22d day of December, instant, at 10
o'clock, A. M., to testify for the complainant in the above cause.
By order of the commissioners, John Carrere, Juu., clerk, Balti-
more ,8th December, 1829."

Which summons Charles Boour made oath he had regularly
served. After which two of those witnesses, having failed to at-
tend, as required, the commissioners reported, that the plaintiff
had represented to them, that the said witnesses, Waters and
Cromwell, were material witnesses in the case; and that as he was
otherwise remediless, prayed, that the Court would direct an at-
tachment to compel them to attend and testify.

BLAND, C., 1st January, 1830.—It is very certain, that this
Court has, at all times, been endowed with ample power to have
brought before it any testimony, documentary or verbal, necessary
to a just exercise of its jurisdiction, or which it may find to be
necessary to aid any suitor in having taken and produced, as com-
petent, pertinent, and material to his case. Amy v. Long, 9 East,
484; Lupton v. Hescott, 1 Cond. Chan. Eep. 138. And it appears,
that, under the Provincial Government, and since, this power to
enforce the production of evidence, for the benefit of its suitors,
has been often exercised in a manner analogous to that pursued
by the English Court of Chancery. Brassington v. Brasaington, 1
Cond. Chan. Rep. 233; Bradshaw v. Bradshaw, 4 Cond. Chan. Rep.
404; & C. 5 Cond. Chan. Rep. 122; Corsen v. Dubois, 3 Com. Law
Rep. 86; Cowell v. Seybrey, 1 Bland, 18, note; Bryson v. Petty, 1
Bland, 182, note; Onion v. McComas, ante, 83, note; 1 Newland's
Chan. Pra. 273. (a) And, therefore, * the provisions of the 253
late Act of Assembly professing to provide compulsory

(a) CHARLES, &c.—To our trusty and well beloved Lieutenant-Colonel
Henry Darnall and Colonel Henry Jowles, greeting: Whereas, by a final
order and decree of our High Court of Chancery, remaining upon record in
our said Court, it is ordered and appointed you to audit, state, and examine
the accounts and other matters between Thomas Bland, and Damoras his
wife, complainants, and Edward Dorsey, and Sarah his wife, defendants,
depending in this Court, or at law, and stopped by injunction of this
Court, at such time and place as you shall appoint: which said order of our
said Court is hereunto annexed. We, willing that justice should be done,
Mid that all decrees and orders of our said Court should be exactly per-
formed, do hereby strictly charge and command you, and either of you,
that the said parties, complainants and defendants, you call before you at
such time and place, as to you shall seem meet, and the said accounts and
other matters, between the said parties, that you audit, state and examine,