ART. 35] EVIDENCE. 603

ARTICLE XXXV.

EVIDENCE.

2.

See article 40 of the Declaration of Rights.

3.

Under this section, a party to the cause may not testify as to the serv-
ices she rendered the defendant's testatrix and the amounts she received
therefor. This class of testimony does not fall within the principle that
the court will not reverse when competent evidence favorable to the plain-
tiff has been first excluded and afterwards admitted, because no injury
was done; counsel need not continue to object to like testimony in order
to avail himself of an exception. Glering v. Sauer, 120 Md. 297.

Under this section, testimony of the plaintiff, the effect of which would
be to show that certain deposits in a savings bank to his deceased wife's
credit were made with his individual money in which she had no Interest,
and also the testimony of one of the defendants as to acts and declara-
tions of his deceased mother relative to the earning and deposit of the
profits from her business, are excluded: contra, as to said defendant being
sent to the bank by his father with his deceased mother's savings. Martin
v. Munroe, 121 Md. 684.

The object of this section was to remove restrictions and not to Impose
them; it is only where the suit is upon a cause of action to which one
party is dead that the other party is excluded from testifying, in order to
preserve mutuality. Temple v. Bradley, 119 Md. 608.

The application of the latter portion of this section dealing with the
corroboration of impeached testimony, is limited to parties to the cause
who have been examined as witnesses. Cross v. State, 118 Md. 670.

4.

See article 22 of the Declaration of Rights.

14.

This section refers only to such imprisoned witnesses as are committed
by magistrates. N. Y., P. & N. R. R. Co. v. Waldron, 116 Md. 449.

16.

Where testimnoy is taken under this section, unless a question is objected
to as leading at the taking of the testimony, such objection cannot be
made at the hearing, and this is true although the objector was not repre-
sented at the taking of the testimony, Doggett v. Tatham, 116 Md. 151.

17.

While the practice in regard to taking depositions under this section has
not been definitely established, a party upon whom notice has been served
may attend in person and cross-examine the witnesses; and if he does
so, he waives all objection to the admisslbility of the depositions as a
whole. Goodman v. Sapperstein, 115 Md. 681.

Cited but not construed in Abramson v. Horner, 115 Md. 235.

As to witnesses before the Industrial Accident Commission, see' article 101, sec-
tion 7, et seq.

As to the manner of administering the oath, see article 39 of the Declaration
of Rights.

See also article 3, section 53, of the Md. Constitution.