ART. 70.] WITNESSES AND Evidence.

but the neglect or refusal of any such person to testify shall not
create any presumption against him.

751

4. In all cases where a party to any suit, action, or other pro-
ceeding shall be examined by any opposing party, the testimony
given on said examination may be rebutted by adverse testimony
and by proof of admission made by the party so examined.

1364, c 109
Testimony of
parly to emit
may be re-
butted
40 Md 355

5. Nothing in any of the preceding sections contained, authoriz-
ing the examination of the parties litigant, and making them com-
petent witnesses, shall apply to any suit, action, bill, or other pro-
ceeding instituted in consequence of adultery, or for the purpose of
obtaining a divorce, or to any action for breach of promise of mar-
riagc.

1864, c 109
Not applicable
in cases of adul-
tery, divorce,
and breach of
promise of
marriage

6. In all cases it shall be competent for any of the parties to the
proceedings to prove by legal evidence any facts showing the interest
of any witness in the matter in controversy, or in the event of the
suit or the conviction of such witness of any infamous crime; and,

1864, c 109
Evidence of
interest or in-
famy of witness.
30 Md 362

in order to prove such conviction, it shall not be necessary to pro-
duce the whole record of proceedings containing such conviction,
but the certificate, under seal of the clerk of the court wherein such
proceedings were had, stating the fact of the conviction, and for
what crime, shall be sufficient.

EXECUTION OF INSTRUMENT.

Proof of con-
viction

7. In every suit or action at law, or in equity, in which it may be
necessary to prove the execution of any instrument of writing what-
soever, attested by a subscribing witness or witnesses, it shall be
lawful to prove the execution of such instrument of writing in the
same manner, and by the same evidence, that the same might
be proved by, if not attested by a subscribing witness; but this
shall not apply to the proof of the execution of any last will and
testament.

ATTENDANCE AND PAY OF WITNESSES.

Art 37, s 6
1825, c 120
How attested
instrument may
be proven
22 Md 275, 285
8 G & J 511.

8 Gill 103

8. Whenever any witness shall be summoned to attend any of
the courts of this State, and shall, without sufficient excuse, neglect
to appear, he may be attached and fined by the court not exceeding
fifty dollars, and shall be liable to answer the party for whom he
shall be summoned, in an action upon the case for the damage sus-
tained for want of his appearance to testify, according to such sum-
mons.

Art 37, s 7
1692, c 16, s 5 ,
1715 c 37, s 5.
1782, c 10, s 1.
Penalty for wit-
ness nut attend-
ing
5 Md 337 ,
31 Md 1

9. If any witness, summoned or attached, being present, shall re-
fuse or delay to give his evidence, he shall be committed to jail, there
to remain until he shall willingly do the same.

Id a. 8.
171.3, c 37, a 5.
Failing to give
evidence, how
punished

10. Any court from which execution shall issue on any recogni-
zance forfeited for not attending as a witness, in any case not capi-
tal, may, upon motion, and good and sufficient cause, fully shown by
such person, discharge him from the execution, upon such terms as
the court shall think fit and proper.

Id s 9
1782, c 42, s 4.
When court
may discharge
witness from
execution on
recognizance.