EVIDENCE 1615

transcript of the record of any cause in any other court in this State might
be offered in evidence it shall be sufficient to produce the original papers
and proceedings in said last mentioned cause, together with a transcript
under seal of the docket entries therein and offer the same in evidence and
the same when so produced and offered in evidence shall have the same
effect to all intents and purposes as a transcript of the record under the seal
of the court wherein the same are, and such production may be had by any
party to a suit, action or proceeding upon a subpoena duces tecum issued on
the special order of the court in which the same is pending to the clerk of
the court wherein such docket entries, original papers and proceedings

may be.

This section applied. Johnson v. Johnson, 105 Md. 89; Miller v. Matthews, 87
Md. 474.

This section held not to apply to the introduction in evidence of original papers
from one court of Baltimore City in case pending in another court of said city—see
act, 1898, ch. 123 (Baltimore City charter, 1938 Ed.), sec. 505. Calvert Bank v. Katz, 102
Md. 62.

As to the production in evidence of original will, see art. 93, sec. 370.

Presumptions of Survivorship.

An. Code, 1924, sec. 71. 1920, ch. 108, sec. 68,

89. If several persons respectively entitled to inherit from one another
should, after the passage of this Act, perish in the same calamity such as a
wreck, collision, battle, conflagration, flood, earthquake, storm or accident,
and it is not shown who died first, and there are no particular circumstances
from which it can be inferred, survivorship shall be presumed from the
probabilities resulting from the strength, age and difference of sexes,
according to the following rules:

A. If those who have perished together were under the age of fifteen
years, the eldest or elder (as the case may be) shall be presumed to have
survived.

B. If those who have perished together were above the age of sixty years,
the youngest or younger (as the case may be) shall be presumed to have
survived.

C. If those who have perished together were under the age of fifteen
years, and above sixty years, the former shall be presumed to have survived.

T). If any of those who have perished together were under the age of
fifteen years, or over the age of sixty years, and any were between said ages,
the latter shall be presumed to have survived.

E. If those who have perished together were above the age of fifteen
years, and under the age of sixty years, and the sexes be different, the male
shall be presumed to have survived.

F. If those who have perished together were of the same sex and were
above the age of fifteen years, and under the age of sixty years, the youngest
or younger (as the case may be) shall be presumed to have survived.
See notes to art. 93, sec. 360.

This section applies only when there is no evidence as to who died first, and no
particular circumstances from which survivorship could be inferred. Sporrer v. Ady,
150 Md. 62.