1390 ARTICLE 35.

or territory of the United Sates, or in a foreign country, directed to any
person, designated by name, title of office or otherwise, in this State, the
person so designated 'as commissioner shall serve notice on the witness or
witnesses to be examined under said commission, of the time and place
appointed for the execution of said commission at least five days before
the day so appointed; and whenever the judge of the court, wherein such
action, suit or special proceeding 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 un-
der such commission 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 commis-
sion 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 hereinbefore
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 instruments, 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 said
delinquent 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 said 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