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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 979   View pdf image (33K)
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ART. 35] CONSIDERATION——PROOF OF FOREIGN DEBTS. 979

the time for hearing before him if deemed by him necessary or
important.

As to commissions to take testimony outside of Maryland, see sec. 16,
et seq.

1904, art. 35, sec. 37. 1888, art. 35, sec. 35. 1860, art. 37, sec. 34.
1841, ch. 107, sec. 1.

37. All witnesses summoned under such commissions shall be
allowed the same pay for their attendance as is allowed for the attend-
ance of witnesses before justices of the peace, to be paid by the party
summoning them.

Evidence of Consideration.

Ibid. sec. 38. 1900, ch. 362, sec. 35 A.

38. Where an action, suit or other proceeding is brought for the

purpose of charging any person on a special promise to be answerable

for the debt, default or miscarriage of another person, it shall not be

necessary to show that the consideration for such promise is in writing.

This section referred to in deciding that prior to its adoption, it was not

necessary that the consideration should be stated in express terms, it being

sufficient if a consideration could be collected or implied with certainty from

the Instrument itself. Klosterman v. United Electric Co., 101 Md. 31.

This section referred to in deciding that an undertaking made prior to the
adoption of this section, was an original and not a collateral one. Dryden v.
Barnes, 101 Md. 351.

Typewriting.

Ibid, sec, 39. 1900, ch. 598.

39. All typewriting heretofore executed or done, and all typewriting
which may be hereafter executed or done for any purpose, and in any
instrument whatsoever, shall have the same legal force, meaning and
effect as writing, and writing shall be taken and held to include type-
writing; provided, that this section shall not be so construed as to in
any manner affect or change the law as it now is respecting signatures.

Proof of Foreign Debts and Other Instruments.

Ibid. sec. 40. 1888, art. 35, sec. 36. 1860, art. 37, sec. 35.
1785, ch. 46, sec. 1.

40. An exemplification of the record, under the hand of the keeper
of the same and the seal of the court or office where such record may be
made, shall be good and sufficient evidence in any court of this State
to prove any debt of record made or entered in any other of the United
States, or in any foreign country.

The record of a foreign Judgment held to have been properly certified both
under the revised statutes of the United States, and under this section.
Harryman v. Roberts, 52 Md. 77.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 979   View pdf image (33K)
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