378

LAWS OF MARYLAND.

CHAP. 239

any court without the State, either in any State, district or
territory of the United States, or in a foreign country, directed

Notice to be
served on
witnesses
outside State
etc.

to any person, designated by name, title of office or other-
wise, in this State, the person so designated as commissioner
shall serve notice on the witness or witnesses to be examined
under said commission, of the time and place appointed for
the execution of said commission at least five days before
the day so appointed; and whenever the judge of the court,
wherein such action, suit or special proceeding is pending,
is satisfied by the affidavit of either party thereto or other-
wise, and it be stated in such commission or process in the
nature of a commission, that any witness to be examined
under such commission or process, has in his possession or
control any paper, writing, written instrument, book or other
document, which, if produced, would be competent and ma-
terial evidence for the parties to such suit or action, or
either of them, and said paper, writing, written instrument,
book or other document be sufficiently described for identi-
fication in said commission or process in the nature of a
commission, the said commissioner therein appointed shall
serve notice as aforesaid of the time and place appointed for
the execution of said commission, and therein require said
witness to bring with him and produce to said commissioner
any such paper, writing, written instrument, book or other
documunt, supposed to be in his possession or control, the
same to be described or identified in said notice as in said
commission.

36 B. If any witness, who shall have been duly notified so
to do as prescribed in the foregoing section, shall fail to

Duty of com-
missioner
named in
commission.

attend at the execution of said commission, or refuse to
testify or to answer such questions as may be propounded
to him under such commission, or shall fail to produce,
pursuant to said notice, any book, paper or instrument of
writing in his possession or control, or shall refuse to sub-
scribe his deposition, it shall be the duty of the commissioner
named in said commission, at the request of the court
issuing the same, to certify such failure to attend or refusal
to testify or subscribe, or to produce books, papers or
written instruments, 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 certificate, shall