his order, commanding the said delinquent 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 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 Time extended. refused to answer; provided, that the said judge may extend the time for the hearing before him, if deemed by him necessary or important. Art. 37, s. 34. Pay of wit 33. All witnesses summoned under such commissions shall be 1841, c. 107, s. 3. allowed the same pay for their attendance as is allowed for the attendance of witnesses before justices of the peace, to be paid by the party summoning them. nesses. Art. 37, s. 35. 1785, c. 46, s. 1. record, how PROOF OF FOREIGN DEBTS AND OTHER INSTRUMENTS. 34. An exemplification of the record, under the hand of the Foreign debt of keeper of the same and the seal of the court or office where such record may be made, shall be good and sufficient evidence in any 5 Md. 281; 8 Md. court of this State to prove any debt of record made or entered in any other of the United States, or in any foreign country. proven. 271; 18 Md. 504; 22 Md. 187. Id. s. 36. 1813, c. 164. Evidence of foreign judgment. 28 Md. 426. 2 G. & J. 445. 5 G. & J. 159. 1 H. & G. 492. Legal effect of foreign judgment, etc. Id. s. 37. 1785, c. 46, s. 2. Copy of record of foreign deed or instrument in writing, how proven. 3 Gill. 198. 3 II. & J. 499. 35. No sentence, judgment or decree, final or interlocutory, of any judge, court, board, council or tribunal, having or exercising municipal, admiralty or prize jurisdiction without the limits of the United States and its territories, shall be conclusive evidence in any case or controversy in the courts of this State, of any fact, matter, or thing therein contained, stated or expressed, except of the acts or doings of such foreign judge, court, board, council or tribunal; provided, that nothing herein contained shall impair or destroy the legal effects of any such foreign sentence, judgment or decree on the property affected or intended to be affected thereby. 36. The copy of the record or register of any deed or other instrument of writing which the laws of the State or country where the same may be executed, require to be recorded or registered, and which has been recorded agreeably to such laws, under the hand of the keeper of such record or register and the seal of the court or office in which such record or register has been made, or a copy of any deed or other instrument of writing lodged for safe keeping in any office or court agreeably to the laws of the State or country as aforesaid, and certified as aforesaid, shall be good and sufficient evidence in any court of this State to prove such deed or instrument of writing. 1785, c. 46, s. 3. deed or other writing, where necessary 37. Where any deed, bond, bill, note, or other instrument of Id. s. 38. writing, hath been executed in any other of the United States, or in Proof of foreign any foreign country, and to give validity to which recording or instrument of registering is not made necessary, proof of the execution of such recording is deed, bond, bill, note, or other instrument of writing, by the oath of not made the subscribing witnesses to the same, or any of them, taken before a commissioner of this State to take acknowledgments of deeds, or before any court, judge, or justice, or other officer of the State or country where such deed, bond, bill, or instrument hath been executed, having authority by law to administer an oath, and a certificate under seal from the governor, chief magistrate, or a notary public of such State or country, that the court or officer before whom such oath was taken had authority to administer an oath, and that such oath hath been duly made before such court, judge, justice, or other officer, or if proved before the commissioner aforesaid, the same to be certified under his official seal, shall be good and sufficient evidence in any court of this State to prove such deed, bond, bill, note, or other instrument. Proof of deed, nesses of exe cution dead. ra. s. 40. 1785, c. 46, s. 3. where suit upon writing proven as aforesaid. 38. If all the witnesses to any deed, bond, bill, note, or other ra. s. 39. instrument of writing, shall die before the execution thereof be 1785, c. 46, s. 3. proved as aforesaid, proof by a credible witness to the handwriting etc., where witof the party making the same, or to the handwriting of the subscribing witnesses to the same, or any of them, taken and certified as directed in the preceding section, shall be good evidence to prove such deed, bond, bill, note, or other instrument of writing. 39. But if any suit be brought in any court of this State, upon any instrument of writing proved as hereinbefore directed, to recover any sum of money, or other valuable thing specified therein to be due, the party bringing such suit shall at or before the first imparlance court, make oath before some judge or justice of this State, or before the commissioner aforesaid, or some judge or justice or other officer of the State or country where such instrument of writing hath been executed having authority to administer an oath, and to be certified as aforesaid, that such instrument of writing was duly executed by the person therein mentioned to have executed the same, and that the debt or other valuable thing appearing to be due by such instrument of writing, or any part thereof, except what is credited, is not paid, or in any manner satisfied by discount, account in bar, or otherwise, to his knowledge or belief, but that the whole or such part thereof as shall be stated in such oath to be due remains unpaid, to the best of his knowledge and belief. 1785, c. 46, s. 3. laws relating to 40. Nothing contained in this article, in relation to the proof of Id. s. 41. foreign deeds or other instruments of writing, shall affect the pro- Not to affect visions of this code in relation to the conveyance of real estate within conveyancing, this State by persons residing or being out of this State; nor the claims against a proof of decedents' estates. Id. s. 42. 1785, c. 46, s. 4. Foreign accounts, how proven. 8 Md. 25; 22 Md. 71; 1 H. & J. 136, 567; 2 H. & & McH. 217. provisions thereof in relation to the proof of claims against the estates of deceased persons. 41. The oath of any disinterested, credible witness, made and certified as aforesaid, proving the payment or delivery of any money, or the delivery or sale of any goods, wares, merchandise, chattels, or effects whatsoever, by any merchant or person carrying on comMcH. 30; 41. merce, or using and carrying on any trade whatsoever, by buying and selling, or manufacturing for sale, and being an inhabitant of any other of the United States or of any foreign country, shall be legal evidence in any court of this State to charge the person to whom such money, goods, wares, merchandise, or effects shall be so proved to be delivered; and the oath of such witness, made and certified as aforesaid, shall be good evidence to prove the price of the goods, wares, merchandise, and effects delivered or so sold, and also to prove an assumption to pay for the same; provided. the party bringing suit for such money or the price of such goods shall, at or before the first imparlance court, make oath as aforesaid before some judge or justice of this State, or before some judge, justice, or other officer of the State or country where such money or goods shall have been delivered, having authority and to be certified as aforesaid, that he believes the money, goods, wares, merchandise, effects, or chattels charged in the account to which such oath shall be annexed, were bonâ fide delivered as charged; that he hath not, to his knowledge or belief, received any payment or satisfaction for the articles charged, more than credit is duly given for, in and appearing upon the said account, nor hath he received any security for the same, and that the balance charged and claimed is justly due, according to the best of his knowledge and belief. Affidavit. Art. 37, s. 43. 1785, c. 46, s. 5. Proof of domestic accounts. 71; 30 Md. 326; 39 Md. 585. DOMESTIC ACCOUNTS. 42. The oath of any clerk, storekeeper, or disinterested credible witness, taken before any judge or justice or court of this State, to 8 Md. 25; 22 Md. the delivery or payment of any money, or delivery or sale of any goods, wares, merchandise, effects, or chattels, by any person merchandising or carrying on commerce, or manufacturing for sale within this State to any person within this State, shall be good and sufficient evidence in any court of this State to charge the person to whom such money shall be delivered or paid, or such goods, wares, merchandise, effects, or chattels shall be sold or delivered, and also to prove the assumption of the receiver or any person claiming under him to pay for the same; provided, such oath be made within twelve months from the date of the articles respectively paid or delivered; but if any suit shall be brought to recover any money paid or delivered, or the price of any goods, wares, effects, or chattels sold or delivered, the plaintiff shall, at or before the first imparlance court, make oath before some judge or justice of this State, that he believes the money, goods, wares, merchandise, effects, or chattels charged in the account to which such oath shall be annexed, were bonâ fide Time. delivered as charged, and that he hath not, nor any person for him to his knowledge or belief, received any payment or satisfaction for the articles charged more than credit is duly given for, in and appearing upon the said account, nor hath he received any security for the same, and the balance charged and claimed is justly due according to the best of his knowledge and belief. 1729, c. 20, s. 9; Affidavit of 43. Any account for money or goods lent or due and chargeable Id. s. 44. for goods sold, work done, or other things properly chargeable in 1785, c. 46, s. 6. account, not exceeding twenty-six dollars in the course of any whole plaintiff. year, which shall be sworn by the creditor before a justice of the peace to be just and true, and that he hath not directly or indirectly received to his knowledge any part or parcel of the money or goods charged as due by such account, or any security or satisfaction for the same, more than credit shall be given for, shall be received as good evidence in any court or before any justice of the peace of this State, unless the debtor or defendant shall make appear by lawful evidence other than his own oath that such account is false in part or in whole. 1785, c. 46, s. 6. 44. Nothing contained in this article shall preclude any debtor 1d. s. 45. or defendant from controverting any proof offered in pursuance of Dendant may the provisions thereof, by any testimony which is legal and admis- controvert oath. sible by the rules of the common law, or prevent any creditor or plaintiff from giving any evidence admissible by the rules of the common law in support of his claim, or pursuing any legal mode other than herein prescribed to prove and establish his claim or demand. Art. 37, s. 46. PUBLIC STATUTES, AND OFFICE COPIES AND OFFICIAL CERTIFICATES. 1829, c. 219. Proof of private laws and resolutions. 45. The private laws and resolutions published by the authority of this State, may be read in evidence from the printed statute- 13 M.393; 32 book. Md. 471; 41 Md. 461. Id. s. 47. 1849, c. 38 1845, c. 89; Statutes of 46. The public or private statutes of the United States, or of any State or Territory of the United States, may be read in evidence from any printed volume purporting to contain the statutes of the United States or said United States, State, or Territory, and the said printed volume 12 Md. 55; 28 shall in all cases be received as evidence of said statutes without 274; 44 Md. 563. any further authentication or proof thereof. other States. Md. 288; 32 Md. 2 H. & G. 34, 479. 1852, c. 42. resolutions of 1 G. & J. 249. 47. The ordinances and resolutions of the mayor and city council Id. s. 48. of Baltimore may be read in evidence from the printed volumes Ordinances and thereof published by the authority of said corporation, and a copy Baltimore city. of the plot of the city of Baltimore from the record thereof in the mayor's office, or from the record thereof in the office of the clerk of the Superior Court for said city, duly certified under seal by the keeper of such records respectively, shall be evidence. Id. s. 49. 48. Copies and extracts from the manuscript or printed volumes 1825, c. 78, s. 2. Proceedings of of the proceedings of the several conventions and General Assembly conventions in this State remaining in the office of the clerk of the Court of Ap- assemblies. peals when officially attested by said clerk, shall be evidence. and general 13 Md. 393; 41 Md. 461. Id. s. 50. 1785, c. 9, s. 7; 1874, c. 66; 1876, c. 257. Extracts of 49. A certified copy under seal of the extract of a deed transmitted by any of the clerks of the Circuit Courts or the clerk of the Superior Court of Baltimore City to the commissioner of the Land of commissioner Office, shall be evidence if the original deed and record thereof be lost or destroyed. deeds in office of the Land Office. Art. 37, s. 51. 1812, c. 82. 50. A copy certified under the seal of the commissioner of the Patent records, Land Office of any patent, certificate, extract of deed, or of any entry or record contained in any book deposited in the Land Office, or of any proceedings or papers filed therein, shall be evidence. etc., in Land Office. 1 Gill. 188. Id. s. 52. 1818, c. 100. Copies of original certificates in Land Office. Id. s. 53. 1798, c. 108; 1853, c. 448. 51. A copy of any original certificate in the Land Office, together with the notes or illustrations annexed thereto at the time the same was returned into the Land Office, referring to the lines of other tracts of lands, certified by the commissioner of the Land Office under bis hand and the seal of his office, shall be evidence in any court of law or equity in this State, in the same manner and have the same effect as if it were the original paper and proved to be in the handwriting of the surveyor by whom the original survey was made, and that the said surveyor was dead. 52. Any copy of any of the books, papers, entries and proceedCopies from the ings in the custody of or in the office of the secretary of state under secretary of his seal of office, shall be evidence. 53. A copy of any of the books, papers, entries and proceedings of the treasury, attested by the treasurer, shall be evidence. office. 3 H. & J. 378, 444, 487. Id. s. 55. Id. s. 56. 1829, c. 91, s. 1. Copies from inspectors. 54. A copy of any of the books, papers, entries and proceedings belonging to the office of the comptroller, attested by the comptroller, shall be evidence. 55. Copies or transcripts of manifests or other entries from the books of inspectors of tobacco, certified under the hand and seal of books of tobacco the inspector and verified by his affidavit to be true and accurate copies from the original in his possession, and to contain the entire entries or subject-matters in reference to which such transcripts are required, shall be evidence. Const. art. 7, s. 4. 1854, c. 149, s. 3. Copies from 56. All copies of any books, papers, entries and proceedings in the custody of the commissioner of the Land Office as keeper of the Court of Chan- records of the Courts of Chancery, certified under his seal of office, shall be evidence. records of late cery. 34 Md. 57. Id. s. 58. 1798, c. 101, sub. 2, s. 4; 1817, c. 119. Copies from 57. Copies of any record in the custody of any of the clerks of courts of law or equity or register of wills, certified by such clerk or register, under the seal of his office, shall be evidence; and all judgoffices of clerks ments and decrees, deeds, and other papers and proceedings required by law to be recorded, shall be considered records within the meaning of this section. 58. Copies of judgments, decrees, or other judicial proceedings not required to be recorded, made by any of the clerks from the papers, dockets, entries and minutes of the court, certified by such clerk under the seal of his office, shall be evidence. 11 Md. 338; 33 Md. i; 34 Md. 54; 45 Md. 144. |