698 EVIDENCE-COMMISSIONS FROM OTHER STATES. [ART. 35.

P. G. L., (1860,) art. 37, sec. 32. 1723, ch. 8, sec. 6.

33. The said commissioners shall receive four dollars a day for
their services in taking such depositions, and the witnesses attend-
ing upon their summons the sum of one dollar per day for each
day they shall attend.

Commissions to take Evidence from Other States.

P. G. L., (1860,) art. 37, sec. 33. 1841, ch. 107, sec. 1. 1862, ch. 147.

34. Whenever any commission, or process in the nature of a
commission, to take testimony, shall be issued by any court of any
of the United States, or by any court of any district or territory
of the United States, directed to any person, either by name or
otherwise, in this State, and any witness who shall have been duly
notified so to do, shall fail to attend at the execution of said com-
mission, or refuse to answer such question as may be propounded
to him under such commission, it shall be the duty of the com-
missioner therein named, at the request of either party to the suit
in which it is proposed to use such testimony, or his attorney, to
certify such failure to attend, or refusal to testify, to the circuit
court for the county, or to any judge of the supreme bench of
Baltimore city, as the case may be, where said commission is to be
executed; and the said court or judge, on receiving the said certifi-
cate, shall forthwith issue his order commanding the said delin-
quent witness, on some day and at some place therein appointed, to
appear before him and show cause why he, the said witness, has so
failed to attend or refused to testify, a copy of which order shall
be served upon said delinquent witness at least five days before the
day therein appointed; and if the said witness, after having had
such notice of said order, shall neglect or refuse to appear before
said judge, or, appearing, shall fail to show good and sufficient
cause why he, the said witness, has so failed to attend or refused
to testify before the said commissioner, then, and not otherwise, the
said court or judge may issue an attachment in the name of the
State, and compel the appearance and answer of such witness, in the
same manner as any court in this State would be authorized to do
if such witness had been summoned to appear before such court,
and had failed to attend or refused to answer; provided, that the
said court or judge may extend the time for hearing before him,
if deemed by him necessary or important.