968 EVIDENCE. [ART. 35

1904, art. 35, sec. 7. 18S8, art. 35, sec. 6. 1860, art. 37, sec. 6. 1825, ch. 120.

1888, ch. 545.

7. In every suit or action at law or in equity in which it may be
necessary to prove the execution of any instrument of writing whatso-
ever, attested by a subscribing witness or witnesses, it shall be lawful
to prove the execution of such instrument of writing in the same manner
and by the same evidence that the same might be proved by' if not
attested by a subscribing witness; but this shall not apply to the proof
of the execution of any last will and testament. Comparison of a
disputed writing with any writing proved to the satisfaction of the court
to be genuine shall be permitted to be made by witnesses, and such
writings and the evidence of witnesses respecting the same may be
submitted to the court and jury, or the court, as the case may be, as
evidence oi the genuineness or otherwise of the writing in dispute.

This section was not designed to deprive the court of all discretion ill

determining the character of genuine writing to be used for the purpose of

comparison, or to permit the Introduction before the jury of extraneous

matter calculated to prejudice the opposite party. Gambrill v. Schooley, 95

Md. 282.
The object and application of the portion of this section relative lo the

proof of attested instruments, pointed out. Keefer v. Zlmmerman, 22 Md.

286; Galther v. Martin, 3 Md. 159; Edelen v. Gough, 5 Gill, 106; Paunell v.

Williams, 8 G. & J. 518; Shepherd v. Bevans, 4 Md. Ch. 408.
A witness held to be competent to compare disputed signatures with those

shown to be genuine, as authorized by this section. Councilman v, Towson

Bank, 103 Md. 479.

As to the production of books and writings, see art. 75, sec. 99, et seq., and

art. 16, sec. 25, et seq.

Attendance and Pay of Witnesses.

Ibid. sec. 8. 1888, art. 35, sec. 7. 1860, art. 37, sec. 7. 1692, ch. 16, sec. 5.
1715, ch. 37, sec. 5. 1782, ch. 40, sec. 1.

8. Whenever any witness shall be summoned to attend any of the
courts of this State and shall, without sufficient excuse, neglect to
appear, he may be attached and fined by the court not exceeding fifty
dollars, and shall be liable to answer the party for whom he shall be
summoned in an action upon the case for the damage sustained for
want of his appearance to testify according to such summons.

The provisions of the code relative to the compulsory attendance of a wit-
ness, have no application to a party who is a witness in his own behalf.
Gambrill v. Parker, 31 Md. 5.

As to the continuance of a case upon suggestion that a material and compe-
tent witness is wanting, see art. 75, sec. 59.

As to the attendance and fees of witnesses before the public service com-
mission and a failure to testify, see art. 23, sec. 421.

As to the summons of a witness residing in a different county, see art.
75, sections 159 and 160.
See art. 16, sec. 268.

Ibid. sec. 9. 1888, art. 35, sec. 8. 1860, art. 37, sec. 8. 1715, ch. 37, sec. 5.

9. If any witness summoned or attached, being present, shall refuse
or delay to give his evidence, he shall be committed to jail, there to
remain until he shall willingly give his evidence.