Chap. 21.—An ACT to repeal an act entitled an act relating to Witnesses,
passed by the General Assembly of the Restored Government of Vir-
ginia on the 29th day of January 1864.

Passed March 2, 1866.

1. Be it enacted by the general assembly, That no witness
shall be incompetent to testify because of interest; and in
all actions, suits and other proceedings of a civil nature, at
law or in equity, before any court, or before a justice of the
peace, commissioner, or other person having authority by
law, or by consent of parties to hear evidence, the parties
thereto, and those on whose behalf such action, suit or pro-
ceeding is prosecuted or defended, shall, if otherwise compe-
tent to testify, and subject to the rules of evidence and of
practice applicable to other witnesses, be competent to give
evidence on their own behalf, and shall be competent and
compellable to give evidence on behalf of any other party to
such action, suit or proceeding, except as hereafter provided.
In all cases, both at law and in equity, the evidence of par-
ties, except in cases in which such evidence is admissible
under laws now in force, shall be given ore tenus, and not
by deposition: and in suits in equity, and in other cases in
which the deposition of the witness would regularly be part
of the record, the court, on the request of either party, or if
deemed proper by itself, may certify the facts proved by any
such party, or the evidence given by him, as far as the same
is credited by the court, as the one or the other may be
proper; and such certiticate shall be part of the record, whe-

ther partics on the record or beneficial parties.

2. Nothing in the first section of this act shall be construed
to alter the rules of law now In force in respect to the com-
petency of husband and wife as witnesses for or against each
other, during the coverture or after its termination, nor in
respect to attesting witnesses to wills, deeds or other mstru-
ments: and where one of the original parties to the contract,
or other transaction, which is the subject of the investigation,
is dead or insane, or Incompetent to testify by reason of in-
famy, or any other legal cause, the other party shall not be
admitted to testify in his own favdr, or in favor of any other
party having an interest adverse to that of the party so inca-
pable of testifying, unless he shali be first called to testify on
behalf of such last mentioned party; and where one of the
parties Is an executor, administrator, curator or committee,
or other person representing a dead person, an insane person,
or a convict in the penitentiary, the other party shall not be
permitted to testify in his own favor, unless the contract or
other transaction in issue or subject of investigation, was
originally made or had with a person who is living and com-
petent to testify, except as to such things as have been done
since the powers of such fiduciary were ‘assumed,

3. If any party, required by another to testify on his be-
half, shall refuse to testify, it shall be lawful for the court,
officer or person betore w hom the proceeding is pending, to
dismiss the action, suit or other proceeding of the party so
refusing, as to the whole, or any part thereof, or to strike out
and disregard the plea, answer or other defence of such party,
or any part thereof, as Justice may require.

4, “A party called to testify for another, having an adverse
interest, may be examined by such other party, according to
the rules applicable to cross-examination.

5. The act entitled an act relating to witnesses, passed
January twenty-mnth, eighteen hundred and sixty-four, 1s
hereby repealed.

G. ‘This act shall be in force from its passage.

Chap. 21.—An ACT to repeal an act entitled an act relating to Witnesses,
passed by the General Assembly of the Restored Government of Vir-
ginia on the 29th day of January 1864.

Passed March 2, 1866.

1. Be it enacted by the general assembly, That no witness
shall be incompetent to testify because of interest; and in
all actions, suits and other proceedings of a civil nature, at
law or in equity, before any court, or before a justice of the
peace, commissioner, or other person having authority by
law, or by consent of parties to hear evidence, the parties
thereto, and those on whose behalf such action, suit or pro-
ceeding is prosecuted or defended, shall, if otherwise compe-
tent to testify, and subject to the rules of evidence and of
practice applicable to other witnesses, be competent to give
evidence on their own behalf, and shall be competent and
compellable to give evidence on behalf of any other party to
such action, suit or proceeding, except as hereafter provided.
In all cases, both at law and in equity, the evidence of par-
ties, except in cases in which such evidence is admissible
under laws now in force, shall be given ore tenus, and not
by deposition: and in suits in equity, and in other cases in
which the deposition of the witness would regularly be part
of the record, the court, on the request of either party, or if
deemed proper by itself, may certify the facts proved by any
such party, or the evidence given by him, as far as the same
is credited by the court, as the one or the other may be
proper; and such certiticate shall be part of the record, whe-

ther partics on the record or beneficial parties.

2. Nothing in the first section of this act shall be construed
to alter the rules of law now In force in respect to the com-
petency of husband and wife as witnesses for or against each
other, during the coverture or after its termination, nor in
respect to attesting witnesses to wills, deeds or other mstru-
ments: and where one of the original parties to the contract,
or other transaction, which is the subject of the investigation,
is dead or insane, or Incompetent to testify by reason of in-
famy, or any other legal cause, the other party shall not be
admitted to testify in his own favdr, or in favor of any other
party having an interest adverse to that of the party so inca-
pable of testifying, unless he shali be first called to testify on
behalf of such last mentioned party; and where one of the
parties Is an executor, administrator, curator or committee,
or other person representing a dead person, an insane person,
or a convict in the penitentiary, the other party shall not be
permitted to testify in his own favor, unless the contract or
other transaction in issue or subject of investigation, was
originally made or had with a person who is living and com-
petent to testify, except as to such things as have been done
since the powers of such fiduciary were ‘assumed,

3. If any party, required by another to testify on his be-
half, shall refuse to testify, it shall be lawful for the court,
officer or person betore w hom the proceeding is pending, to
dismiss the action, suit or other proceeding of the party so
refusing, as to the whole, or any part thereof, or to strike out
and disregard the plea, answer or other defence of such party,
or any part thereof, as Justice may require.

4, “A party called to testify for another, having an adverse
interest, may be examined by such other party, according to
the rules applicable to cross-examination.

5. The act entitled an act relating to witnesses, passed
January twenty-mnth, eighteen hundred and sixty-four, 1s
hereby repealed.

G. ‘This act shall be in force from its passage.