Chap. 117.—An ACT to amend and re-enact section 3351 of the code of
Virginia, and to provide how party having adverse interest or an adverse
witness may be examined.

Approved January 24, 1900.

1. Be it enacted by the general assembly of Virginia, That section
three thousand three hundred and fifty-one of the code of Virginia be
amended and re-enacted so as to read as follows:

§ 3351. A party called to testify for another, having an adverse in-
terest, may be examined by such other party according to the rules appli-
cable to cross-examination.

1. A party producing a witness shall not be allowed to impeach his
credit by gencral evidence of had character, but he may, in case the
witness shall in the opinion of the court prove adverse, contradict him
by other evidence, or, by leave of the court, prove that he has made at
other times a statement inconsistent with his present testimony, but
before said last-mentioned proof can be given the circumstances of the
supposed statement, sufficient to designate the particular occasion, must
be mentioned to the witness, and he must be asked whether or not he
has made such statement. In every such case the court, if requested by
either party, shall instruct the jury not to consider the evidence of such
inconsistent statements, except for the purpose of contradicting the
witness.

2. If a witness upon cross-examination as to a former statement made
by him relative to the subject matter of the proceeding, and inconsistent
with his present testimony, does not distinctly admit that he has made
such statement, proof may be given that he did in fact make it; but
before such proof can be given the circumstances of the supposed state-
ment sufficient to designate the particular occasion, must be mentioned
to the witness, and he must be asked whether or not he has made such
statement.

3. A witness may be cross-examined as to previous statements made by
him in writing or reduced into writing, relative to the subject matter
of the proceeding, without such writing being shown to him; but if
it is intended to contradict such witness by the writing his attention
must, before such contradictory proof can be given, be called to those
parts of the writing which are to be used for the purpose of so contra-
dicting him and the said writing shall be shown to him: provided always,
that it shall be competent for the court, at any time during the trial,
to require the production of the writing for its inspection, and the court
may, thereupon, make such use of it for the purpose of the trial as it
may think fit.

4. This act shall be in force from its passage.