1604 ARTICLE 35

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
refused to answer; provided, that the said court or judge may extend the
time for hearing before him if deemed by him necessary or important.

As to commissions to take testimony outside of Md., see see. 21, et seq.

An. Code, 1924, sec. 37. 1922, ch. 480, sec. 36A.

42. (Authority to Act.) Whenever any mandate, writ or commission
is issued out of any court of record in any other State, territory, district
or foreign jurisdiction, or whenever upon notice or agreement it is required
to take the testimony of a witness or witnesses in this State, witnesses may
be compelled to appear and testify in the same manner and by the same
process and proceeding as may be employed for the purpose of taking
testimony in proceedings pending in this State.

An. Code, 1924, sec. 38. 1922, ch. 480, sec. 36B.

43. (Uniformity of Interpretation.) This Act shall be so interpreted
and construed as to effectuate its general purposes to make uniform the law
of those States which enact it.