978 EVIDENCE. [ART. 35

commission, of the time and place appointed for the execution of said
commission at least five days before the day so appointed; and when-
ever the judge of the court, wherein such a'ction, suit or special proceed-
ing is pending, is satisfied by the affidavit of either party thereto or
otherwise, and it be stated in such commission or process in the nature
of a commission, that any witness to be examined under such commis-
sion or process, has in his possession or control any paper, writing,
written instrument, book or other document, which, if produced, would
be competent and material evidence for the parties to 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 a commission, the said
commissioner therein appointed shall serve notice as aforesaid of the
time and place appointed for the execution of said commission, and
therein require said witness to bring with him and produce to said
commissioner any such paper, writing, written instrument, book or
other document, supposed to be in his possession or control, the same
to be described or identified in said notice as in said commission.

If any witness, who shall have been duly notified so to do, as hereinbe-
fore prescribed, shall fail to attend at the execution of said commission,
or refuse to testify or to answer such questions as may be propounded to
him under such commission, or shall fail to produce, pursuant to said
notice, any book, paper or instrument of writing in his possession or
control, or shall refuse to subscribe his deposition, it, shall be the duty
of the commissioner named in said commission, 'at the request of the
court issuing the same, to certify such failure to attend or refusal
to testify or subscribe, or to produce books, papers or written instru-
ments, 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 his order commanding the s'aid delin-
quent 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 attend 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 and sufficient cause
why he, the s'aid witness, has so failed to attend or refused to testify
or subscribe his deposition, or refuse, to produce said books or papers
before said commissioner, then and not otherwise, the said court or
judge may issue an attachment 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 authorized to do if such witness had
been summoned to appear before such court and had failed to attend
or refused to answer; provided, that the said court or judge may extend