ART. 70.] WITNESSES AND Evidence. 749

COMMISSIONS TO TAKE TESTIMONY IN THIS State.

20 Commission to take testimony to be used on trial of action pending, where witness unuble to atlend 21. How such depositions to be certified and returned 22 Depositions subject to exceptions, 23. What notice to parties against whom depo- sitions to be used 24 where minor interested, guardian to be appointed 25. When party absent from State , notice

26 Depositions how taken, certified, and re- corded , when to be evidence 27 Fees of commissioners 28 Where witness whose deposition is re- quired, is sick or about to leave the State 29 If party or agent attends, proof of notice unnecessary 30 Commissioners at law or in equity may take depositions bereunder, not to be out of county without written consent of parties

COMMISSIONS TO TAKE TESTIMONY OUT OF THIS State.
31 How issued by courts of law

COMMISSIONS TO TAKE TESTIMONY FROM OTHER STATES.

32 Commissions from other States, bow at- tendance of witnesses compelled under commissions from abroad, time ex- tended

33 Fay of witnesses.

PROOF OF FOREIGN DEBTS AND OTHER INSTRUMENTS.

34 Foreign debts of record, how proven 35. Evidence of foreign judgment, legal effect or foreign judgment 36 Copy of record of foreign deed or other in- strument in writing, how proven 37 Proof of foreign deed or other instrument of writing, where recording is not neces- sary

38 Proof of deed, etc , where witnesses of exe- cution dead 39 Oath to be made by plaintiff wbere suit upon instruments of writing proven as aforesaid 40 Not to affect laws relating to conveyancing, or proof of claim against decedents' estates 41 Foreign accounts, how proven , affidavit.

DOMESTIC ACCOUNTS.

42 Proof of domestic accounts, time 43. Affidavit of plaintiff

44 Defendant may controvert oath

PUBLIC STATUTES AND OFFICIAL COPIES AND OFFICIAL CERTIFICATES.

45 Proof of private laws and resolutions 46 Statutes of the United States or of other States 47 Ordinances and resolutions of Baltimore city 48 Proceedings of conventions and of general assemblies 49. Extracts of deeds in office of commissioner of the bind Office 50 Patents, records, etc , in the Land Office

51 Copies of original certificates in Land office. 52 Copies from office of the secretary of State. 53 Copies from treasurer's office 54 Copies from comptroller's office 55 Copies from bucks of tobacco inspectors 56 Copies from records of late Court of Chan- cery 57 Copies from offices of clerks and registers 58 Copies of judgments and proceedings not required to be recorded

COMPETENCY OF WITNESSES.

1. No person offered as a witness shall hereafter be excluded, by reason of incapacity, from crime or interest, from giving evidence, either in person or by deposition, according to the practice of the courts, in the trial of any issue joined, or hereafter to be joined, or of any mutter or question, or on any inquiry arising in any suit, action, or proceeding, civil or criminal, in any court, or before any judge, jury, justice of the peace, or other person having, by law or

1864, c 109 Who may be witnesses 21 Md 534 . 23 Md 220 , 24 Md 62, 25 Md 194, 29 Md 178, 535, 538 , 30 Md 322, 326,366, 38 Md. 352 , 34 Md 298, 647 , 35 Md 361, 434, 439 , 36 Md