EVIDENCE. 1373

ARTICLE 35.

EVIDENCE.

Competency of Witnesses. 1. Parties competent. No incapacity from interest or crime, except per- jury; wives and husbands compe- tent. 2. Newspaper reporters not compellable to disclose source of news. 3. Rule in case of death, lunacy or insani- ty of original party; or where execu- tor or administrator is a party; pro- visos. 4. Parties in criminal cases; divorce; breach of promise. 5. Rebuttal of testimony given by ad- verse party. 6. Competent to prove interest or crime. 7. Proof of execution of writings; com- parison.

Attendance and Pay of Witnesses. 8. Neglect of witness to appear; penalty. 9. Refusal to give evidence; penalty. 10. Discharge from execution for failure to attend. 11. Compensation of witnesses; waiver of. 12. Of witnesses before justice of the peace. 13. Witness summoned by surveyor. 14. Witness in criminal cases held for want of security; fees, how paid. 15. Compensation of prosecutor, when dis- allowed. Commissions to take Testimony out of this State. 16. Commissions; issue of; testimony under.

The report of an administrator that he has given the required notice to creditors
together with the certificate of the court thereon, is prima facie evidence of the giving
of such notice—art. 93, sec. 116; see also sec. 117.

As to the burden of proof where a negotiable instrument or a signature thereto appears
to have been cancelled, see art. 13, sec. 142.

Deeds, etc., made when a grantor is insolvent or in contemplation of insolvency, are
prima jade void at the instance of creditors—art. 47, sec. 24.

Where live stock has been injured or a fire occasioned by. an engine or train, not at
a terminal, the burden is upon the railroad company to prove that it has not been guilty
of negligence—art. 23, sec. 244.

As to matters of evidence upon an appeal to the courts from orders of the public
service commission, see art. 23, secs. 405 and 408 to 410.

As to evidence in a suit against a corporation for state taxes, see art. 81, secs. 101,
180 and 191.

As to evidence in a suit against a corporation for the recovery of its bonus tax, see
art. 81, secs. 108 and 109.

As to evidence of the by-laws of a domestic corporation, see art. 23, sec. 16.

The stock book of a bank or trust company is presumptive evidence of the facts
therein stated—art. 11, sec. 53.

As to matters of evidence in connection with prosecutions under the act regulating
expenses and prohibiting corrupt practices at elections, see art, 33, secs. 183, 188 and 189.

As to proof of an intention to evade the provisions of the C'ode exempting property
and wages of debtors from execution, see art. 83, sec. 16.

As to of what a protest of a bill or note is evidence, see art. 13, sec. 6.

As to witnesses before industrial accident commission, see art. 101, sec. 7, et seq.

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

See also art. 3, sec. 53, of Md. Constitution.