EVIDENCE 1605

An. Code, 1924, sec. 39. 1922, ch. 480, sec. 36C.

44. (Short Title.) This Act may be cited as the Uniform Foreign
Depositions Act.

An. Code, 1924, sec. 40. 1912, sec. 37. 1904, sec. 37. 1888, sec. 35. 1841, ch. 107, sec. 1.

45. All witnesses summoned under such commissions shall be allowed
the same pay for their attendance as is allowed for the attendance of wit-
nesses before justices of the peace, to be paid by the party summoning them.

Evidence of Consideration.

An. Code, 1924, sec. 41. 1912, sec. 38. 1904, sec. 38. 1900, ch. 362, sec. 35A.

46. Where an action, suit or other proceeding is brought for the purpose
of charging any person on a special promise to be answerable for the debt,
default or miscarriage of another person, it shall not be necessary to show
that the consideration for such promise is in writing.

This section referred to in deciding that prior to its adoption, it was not necessary
that the consideration should be stated in express terms, it being sufficient if a con-
sideration could be collected or implied with certainty from the instrument itself.
Klosterman v. United Electric Co., 101 Md. 31.

This section referred to in deciding that an undertaking made prior to adoption
of this section, was an original and not a collateral one. Dryden v. Barnes, 101 Md. 351.

Consideration for guaranty, though not shown in guaranty itself, sufficiently proven.
Forbearance to sue is good consideration for guaranty, though no benefit accrues to
guarantor. Prayers. Hietson v. Natl. City Bank of Chicago, 132 Md. 394.

Cited in Continental Oil Co. v. Horsey, 175 Md. 614.

Typewriting.

An. Code, 1924, sec. 42. 1912, sec. 39. 1904, sec. 39, 1900, ch. 598.

47. All typewriting heretofore executed or done, and all typewriting
which may be hereafter executed or done for any purpose, and in any instru-
ment whatsoever, shall have the same legal force, meaning and effect as
writing, and writing shall be taken and held to include typewriting; pro-
vided, that this section shall not be so construed as to in any manner affect
or change the law as it now is respecting signatures.

Proof of Foreign Debts and Other Instruments.

An. Code, 1924, sec. 43. 1912, sec. 40. 1904, sec. 40. 1888, sec. 36. 1785, ch. 46, sec. 1.

48. An exemplification of the record, under the hand of the keeper of
the same and the seal of the court or office where such record may be made,
shall be good and sufficient evidence in any court of this State to prove any
debt of record made or entered in any other of the United States, or in any
foreign country.

By this section and sec. 84, a distinction is made between record of a foreign judg-
ment and that of a domestic judgment. When it is necessary that complete record
of foreign judgment should be produced to make it evidence. Papers certified by clerk
alone cannot be said to be such an exemplification of record as is authorized by this
section. Mundy v. Jacques, 116 Md. 21.

The record of a foreign judgment held to have been properly certified both under
U. S. revised statutes, and under this section. Harryman v. Roberts, 52 Md. 77.

Cited but not construed in Musher v. Perera, 162 Md. 47.

An. Code, 1924, sec. 44. 1912, sec. 41. 1904, sec. 41. 1888, sec. 37. 1813, ch. 164.

49. No sentence, judgment or decree, final or interlocutory, of any
judge, court, board, council or tribunal, having or exercising municipal,
admiralty or prize jurisdiction without the limits of the United States and