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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1595   View pdf image (33K)
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EVIDENCE 1595

Attendance and Pay of Witnesses.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 8. 1888, sec. 7. 1692, ch. 16, sec. 5. 1715,
ch. 37, see. 5. 1782, ch. 40, sec. 1.

12. Whenever any witness shall be summoned to attend any of the
courts of this State and shall, without sufficient excuse, neglect to appear,
he may. be attached and fined by the court not exceeding fifty dollars, and
shall be liable to answer the party for whom he shall be summoned in an
action upon the case for the damage sustained for want of his appearance
to testify according to such summons.

The provisions of the Code relative to compulsory attendance of a witness, have no
application to a party who is a witness in his own behalf. Gambrill v. Parker, 31 Md. 5.

As to the continuance of a case upon suggestion that a material and competent witness
is wanting, see art. 75, sec. 63.

As to the attendance and fees of witnesses before the public service commission and
a failure to testify, see art. 23, sec. 357.

As to the summons of a witness residing in a different county, see art. 75, secs. 169
and 170.

Cited but not construed in Ex Parte General News Bureau, 162 Md. 648.

See art. 16, sec. 299.

1927, ch. 673.

13. That no subpoena or summons in any civil cases shall be issued by
any board, bureau, commission or out of any Court of record in this State,
or by any Justice of the Peace, requiring the personal attendance as a
witness of the Superintendent of the Maryland Tuberculosis Sanitarium
or any branch thereof to testify concerning the health, history or any other
factor pertaining to any individual who may be, or may have been, a
patient in any institution whereof the said Superintendent may have
supervision, except in those cases in which his personal testimony is abso-
lutely essential to the issue, provided, however, that in any civil cases any
transcript of the official records of any such institution, duly certified by
any such said Superintendent, shall be competent evidence of the medical
history of any individual who heretofore has been, or hereafter may be,
a patient therein; and provided further that nothing contained in this
section shall be construed to limit or to abridge the right of any party to
take the testimony of any such said Superintendent by deposition as other-
wise provided in this Article.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, sec. 8. 1715, ch. 37, sec. 5.

14. If any witness summoned or attached, being present, shall refuse
or delay to give his evidence, he shall be committed to jail, there to remain
until he shall willingly give his evidence.

Cited but not construed in Ex Parte General News Bureau, 162 Md. 648.

An. Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 9. 1782, ch. 40, sec. 4.

15. Any court from which execution shall issue on any recognizance
forfeited for not attending as a witness in any case not capital may, upon
motion and good and sufficient cause fully shown by such person, discharge
him from the execution upon such terms as the court shall think fit and
proper.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 10. 1797, ch. 94, sec. 6.

1886, ch. 165.

16. There shall be allowed to each witness attending the circuit courts
for the counties or orphans' courts of this State the sum of one dollar for


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1595   View pdf image (33K)
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