EVIDENCE

1585

ARTICLE 35.

EVIDENCE.

	Competency of Witnesses.	Attendance and Pay of Witnesses.
	1. Parties competent. No incapacity from	12. Neglect of witness to appear; penalty.
	interest or crime, except perjury;	13. Superintendent of Maryland Tuber-
	wives and husbands competent.	culosis Sanatorium — when not re-
	2. Newspaper reporters not compellable to disclose source of news.	quired to attend as witness. 14. Refusal to give evidence; penalty. 15. Discharge from execution for failure
	3. Rule in case of death, lunacy or insan-	to attend.
	ity of original party ; or where execu-	16. Compensation of witnesses; waiver of.
	tor or administrator is a party; pro-	17. Of witnesses before justice of the
	visos.	peace.
	4. Parties in criminal cases; divorce;	18. Witness summoned by surveyor.
	breach of promise.	19. Witness in criminal cases held for want
	5. Illegal search or seizure; when evidence	of security; fees, how paid.
	so obtained inadmissible.	20. Compensation of prosecutor, when dis-
	6. Offenses committed by wife in presence	allowed.
	of husband; coercion abolished as	Commissions to take Testimony out of
	to treason or murder.	this State.
	7. Failure to testify in criminal case,	21. Commissions; issue of; testimony
	evidence as to inadmissible.	under.
	8. May summon and interrogate adverse	22. Depositions upon notice to other party.
	party and impeach testimony.	23. Testimony of non-resident parties
	9. Competent to prove interest or crime.	taken in same way as other non-
	10. Previous conviction admissible as evi-	resident witnesses.
	dence in any proceeding where	Commissions to take Testimony in
	another is charged with same offense.	this State.
	11. Proof of execution of writings; com-	24. Standing commissioners; rules for tak-
	parison.	ing depositions.

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. 119; see also sec. 120.

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 facie void at the instance of creditors—art. 47, sec. 26.

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. 246.

As to matters of evidence upon an appeal to the courts from orders of the public
service commission, see art. 23, secs. 416, 419 to 421.

As to evidence of the by-laws of a domestic corporation, see art. 23, sec. 15.

The stock book of a bank or trust company is presumptive evidence of the facts
therein stated—art. 11, sec. 66.

As to matters of evidence in connection with prosecutions under the act regulating
expenses and prohibiting corrupt practices at elections, see art. 33, secs. 222, 227 and 228.

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

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

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