from any other vessel, and shall fail to comply with the provisions of the two preceding sections, he shall forfeit to the owner thereof the sum of ten dollars, to be recovered as small debts before a justice of the peace of the county where the party charged may reside. Drifts Logs. 1870, ch. 229, sec. 1. 12. All persons claiming logs cast by wind and tide upon any shore bordering upon the Chesapeake bay and its tributaries, are prohibited from removing the same without the payment to the owner of said shore of the sum of twenty-five cents for each log so removed. Ibid. sec. 2. 13. The owner of any shore upon which logs are so cast may advertise such logs by one insertion each week for three successive weeks in some newspaper published in the State of Maryland, of a public notice, calling upon the owner of said logs to remove. them, after the payment of twenty-five cents for each log so removed, and the cost of said advertisement in addition thereto. Ibid. sec. 3. 14. If the said logs are not removed after such publication, the owner of any shore may sell such logs to the highest bidder, by giving notice of his intention so to do by an additional advertisement for three successive weeks, as aforesaid, mentioning the time and place of sale Ibid. sec. 4. 15. Any owner of a shore so selling shall be responsible for the excess of such sale over the sum of twenty-five cents for each log sold, and the cost of the aforesaid advertisements and sale. Ibid. sec. 5. 16. Nothing contained in the four preceding sections shall be construed to deny to the owner of any shore a right to an additional compensation for special damages, such as the destruction of fences, the lodging of logs upon cultivated fields, or other similar injuries. Ibid. sec. 6. 17. Any person removing logs from a shore without complying with the provisions of the five preceding sections, shall be fined not less than fifty or more than one hundred dollars, onehalf of which shall be paid to the informer; provided, such removal shall be effected before said logs have been advertised according to section 13. 1870, ch. 229, sec. 7. 18. Any person so removing said logs, after they have been advertised for sale as aforesaid, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not less than fifty nor more than one hundred dollars, or imprisoned in the jail of the county in which said misdemeanor may be committed, for a term not. less than three nor more than twelve months, or both fined and imprisoned, in the discretion of the court before which such misdemeanor may be tried. 1872, ch. 258, sec. 1. 19. Any owner or claimants of logs, cast by wind and tide upon the land or shore of the Chesapeake bay or its tributaries, or any person or persons, for him or them, who shall wilfully mark, stamp, imprint or indent any log or logs lying and being upon any of the land or shore contiguous to and lying upon the bay or its tributaries, shall forfeit and pay, upon conviction thereof, not less than one hundred nor more than one thousand dollars, or be imprisoned in the county jail of the county wherein he may be convicted, for a term not less than four months nor more than two years, or be both fined and imprisoned, in the discretion of the court; twenty-five per cent. of the fine to go to the informer, and the remainder to the public school fund of the county wherein the offence was committed, after the expenses of the trial have been paid. Ibid. sec. 2. 20. Any judgment against any land owner or his tenants, for logs drifted and cast by wind and tide upon the land or shore of the Chesapeake bay or its tributaries, shall be null and void, and of no effect whatever, unless the owner or claimants of logs shall have actually paid to the land owner or his tenant, not less than twenty-five cents for each and every log claimed by him, the said owner. ARTICLE XXXV. EVIDENCE. Competency of Witnesses. 1. No incapacity from interest or Commissions to take Testi mony in this State. crime, except perjury; wives and 17. Standing commissioners; rules for Commissions to Perpetuate 30. How and to whom granted; how 13. Witness in criminal cases held for 31. Notice of meeting of commission want of security; fees, how paid. 14. Compensation of prosecutor, when disallowed, Commissions to take Testimony out of the State. 15. Commissions; issue of; testimony under. 16. Depositions upon notice to other party. ers. 32. Defects of form. 33. Compensation of commissioners. Commissions to take Evidence from other States. 34. Attachment to compel attendance of witness. 35. Compensation of witness. Proof of Foreign Debts and other Instruments. 36. Exemplification of records. 49. Ordinances and resolutions of mayor and city council of Balti more. 37. Foreign sentence, judgment or de- 50. Proceedings of conventions and cree of court. general assembly. Lost deeds. Patents or other entries in books. of land office. Copy of original certificate in land office. 54. 41. Oath to be taken by plaintiff. Copy of books, etc., in custody of secretary of state. 43. Proof of debt by oath of disinter- 44. Proof by oath of creditor. 46. Common-law evidence and pro- Public Statutes, Office Copies 59. Copy of records in custody of clerk and Official Certificates. 47. Evidence of private laws. 48. Statutes of United States, State or Territory. 60. of court; short copies. Copy of judicial proceedings not required to be recorded. Competency of Witnesses. P. G. L., (1860,) art. 37, sec. 1. 1864, ch. 109, sec. 1. 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 matter 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 by consent of parties, authority to hear, receive and examine evidence; but every person so offered may and shall be admitted to give evidence, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question or inquiry, or of the suit, action or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence; but no person who has been convicted of the crime of perjury shall be admitted to testify in any case or proceeding whatever; and the parties litigant, and all persons in whose behalf any suit, action or other proceeding may be brought or defended, themselves, and their wives and husbands, shall be competent and compellable to give evidence in the same manner as other witnesses, except as hereinafter excepted. Cunningham . Dwyer, 23 Md. 219. Neidig v. Whiteford, 29 Md. 178. Cooke v. Cooke, 29 Md. 538. Ward v. Leitch, 30 Md. 326. Gambrill v. Parker, 31 Md. 1 Schull. Murray, 32 Md. 9. Johnson v. Heald, 33 Md. 352. Friend v. Hamill, 34 Md. 298. Foley . Bitter, 34 Md. 646. McAleer. Horsey, 35 Md. 439. Downs v. Md. & Del. R. R. Co., 37 Md. 100. Davis v. State, 38 Md. 15. Semmes v. Worthington, 38 Md. 298. Estep. Morris, 38 Md. 417. Harris v. Pue, 39 Md. 535. Romer. Jaecksch, 39 Md. 585. Mason . Poulson, 40 Md. 355. Brinkley v. Platt, 40 Md. 529. Sanborn. Lang, 41 Md. 107. Armitage v. Snowden, 41 Md. 119. Wright v. Gilbert, 51 Md. 155. Hardy v. Chesapeake Bank, 51 Md. 562. Bantz . Bantz, 52 Md. 686. Turpin v. State, 55 Md. 475. Kerby v. Kerby, 57 Md. 346. Classen. Classen, 57 Md. 511. Swartz v. Chickering, 58 Md. 290. Crane v. Barkdoll, 59 Md. 537. Horner v. Frazier, 65 Md. 10. Neale v. Hermanns, 65 Md. 478. P. G. L., (1860,) art. 37, sec. 2. 1864, ch. 109. 1868, ch. 116. 1876,ch. 222. 1888, ch. 315. 2. When an original party to a contract or cause of action is dead, or shown to be a lunatic or insane, or when an executor or administrator is a party to the suit, action or other proceedings, either party may be called as a witness by his opponent, but shall not be admitted to testify on his own offer, or upon the call of his co-plaintiff or co-defendant, otherwise than now by law allowed, unless a nominal party merely, except in case where the party to such suit, action or other proceeding has died, or become lunatic or insane, after having testified in his own behalf, then the opposite party shall be a competent witness on his own behalf in such case, notwithstanding the executor or administrator of such deceased person, or committee of such lunatic or insane person has become a party to such suit, action or other proceeding, but shall only testify as to matters upon which such deceased, lunatic or insane person was examined and testified to; provided, that when an executor, administrator, guardian or committee of a lunatic or insane person is a party to the suit, action or other proceeding, when the cause of action has arisen on a contract made |