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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1611   View pdf image (33K)
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EVIDENCE 1611

An. Code, 1924, sec. 54. 1912, sec. 51. 1904, sec. 51. 1888, sec. 46. 1785, ch. 46, sec. 6.

67. Nothing contained in this article shall preclude any debtor or de-
fendant from controverting any proof offered in pursuance of the pro-
visions thereof by any testimony which is legal and admissible by the rules
of the common law, or prevent any creditor or plaintiff from giving any
evidence admissible by the rules of the common law in support of his
claim; or pursuing any legal mode other than herein prescribed to prove
and establish his claim or demand.

1929, ch. 517. 1933, ch. 179.

68. Any writing or record, or a photostatic or photographic repro-
duction thereof, whether in the form of an entry in a book or otherwise,
made as a memorandum or record of any act, transaction, occurrence or
event, shall be admissible in evidence in proof of said act, transaction, oc-
currence or event, if made in the regular course of any business, and if it
was the regular course of such business to make such memorandum or
record, or photostatic or photographic reproduction thereof at the time of
such act, transaction, occurrence or event or within a reasonable time there-
after. All other circumstances of the making of such writing or record, or
photostatic or photographic reproduction thereof, including lack of per-
sonal knowledge by the entrant or maker, may be shown to affect the
weight, but not the admissibility thereof. The term "business" shall in-
clude business, profession, occupation and calling of every kind.

Hospital record admitted as evidence under this section but it was held that it was
not purpose of statute to create facts which did not exist, the plaintiff having testified
that he did not know what caused his injury. Beverly Beach Club v. Marron, 172 Md.
475.

In action for personal injuries, a hospital record which stated the case as that of "a
fractured clavicle two weeks prior to his admission", was admissible. Unreported case.
Wickman v. Bohle, 173 Md. 694.

Cited but not construed in Baltimore v. State, 173 Md. 270.

Admission of compilation of costs made from books of corporation, held not to
constitute ground for reversal under circumstances in particular case. Laporte Corp. v.
Cement Corp., 164 Md. 650.

Public Statutes and Office Copies and Official Certificates.

An. Code, 1924, sec. 55. 1912, sec. 52. 1904, sec. 52. 1888, sec. 47. 1829, ch. 219.

69. The private laws and resolutions published by the authority of
this State may be read in evidence from the printed statute book.

An. Code, 1924, sec. 56. 1912, sec. 53. 1904, sec. 53. 1888, sec. 48. 1845 ch 89.

1898, ch. 342.

70. The public or private statutes of the United States or of any State
or territory of the United States or of the united kingdom of Great
Britain and Ireland may be read in evidence from any printed volume
purporting to contain the statutes of the said United States, State or
territory or the united kingdom of Great Britain and Ireland; and the said
printed volume shall in all cases be received as evidence of said statutes
without any further authentication or proof thereof.

Although the common or unwritten law of another state may be proved as a fact
by witnesses acquainted therewith, the statute law of another state can only be
proven as provided in this section, or by authenticated copy of the law. Zimmerman v
Helser, 32 Md. 278.

Our courts do not take judicial notice of the laws of another state, and the mere
reading of such law to the court in argument, is not sufficient to make it evidence;
this section must be complied with. Mandru v. Ashby, 108 Md. 695; Goldsborough v
Tinsley, 138 Md. 417.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1611   View pdf image (33K)
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