* therefore prayed, that the bank might be ordered to pro-
687 dace either the original books, writings, and papers, or
copies of such parts of them, certified by a justice of the peace,
as contain evidence pertinent to the issue or relative to the matters
in dispute between the parties.

BLAND, C., 12th October, 1830.—It is required and decreed, that
the president, directors and company of the Farmers Bank of Mary-
land, on or before the first day of the next term of Anne Arundel
County Court, produce, on oath, by the cashier of the said insti-
tution, either the original books, writings, or papers, or copies
thereof, certified by a justice of the peace, as prayed, provided,
that a copy of this order, together with a copy of the said petition
be served on the president or cashier of the said institution on or
before the 15th instant; and provided also, that any cause shewn
against the execution of this decree may be heard on the 21st ins-
tant.

The bank, by its answer, filed on the 12th of October, 1830,
shewed cause and insisted, that before it could be required to
produce their books and papers as ordered, the petitioner should
specify the particular extract, or writings, or paper which he
supposes-would be pertinent to the issue in the said cases, without
which it would be impossible for it to comply with the order;
and it alleged, that it was not aware of any paper being in its
possession which would be of service to the petitioner in defend-
ing the said suits; or indeed of the defence which he intended to
make.

BLAND, C., 23d October, 1830.—This case standing ready for
hearing, and having been submitted by the plaintiff on the pe-
tition and answer alone, the proceedings were read and consid-
ered.

This is a proceeding under the special provisions of the Act of As-
sembly, which authorizes this Court to require the production of
books and papers relative to the matter in issue on a bill instituted
an this Court, or on the trial of any action at law. 1798, ch. 84;
McMechen v. McLaughlin, 4 H. & McH. 166. In all such cases it
should appear, that the applicant has an interest in the document
for that special purpose; Wigram on Discovery, 199; Calvert on
Parties, 10; and the petition should, with some reasonable degree
of certainty, designate the books and papers wanted, if prac-
ticable, by their marks, number and names; and also should spe-
688 city the facts expected to be proved by them at * the trial
in the Court of common law. This is a proceeding
which can only be regarded as one of the modes whereby a party
may obtain testimony to sustain his case; and therefore, as on all