Chap. 703.—An ACT to amend and re-enact an act entitled an act to make hus-
band and wife competent witnesses for or against each other in civil cases, ap-
proved March 5, 1894, and the title of said act so as to make husband and wre
competent witnesses for or against each other in certain civil and criminal cases.

Approved March 3, 1898.

1. Be it enacted by the general assembly of Virginia, That the act of
the general assembly of Virginia entitled an act to make husband and
wife competent witnesses for or against each other in civil cases, approved
March the fifth, eighteen hundred and ninety-four, and the title of said
act be amended and re-enacted so as to read as follows:

Chapter 619.—An act to make husband and wife competent witnesses for
or against each other in certain civil and criminal cases.

§ 1. Be it enacted by the general assembly of Virginia, That hus-
band and wife shall be competent to testify for or against each other in
all civil cases, except as is hereinafter provided: First, neither husband
nor wife shall be competent to testify for oragainst each other in any
proceeding by a creditor to avoid or impeach any conveyance, gift, or
sale from the one to the other on the ground of fraud or want of con-
sideration, but as to said transaction the existing rules of evidence shall
remain unchanged; second, where one of the original parties to a con-
tract, matter, or other transaction which is the subject of investigation,
is incapable of testifying by reason of death, insanity, infancy, or other
legal cause, and the other party to such contract, matter, or transaction
is made incompetent to testify by subsection two of section thirty-three
hundred and forty-six of the code of Virginia, then in such case the
consort of either party shall be incompetent to testify in relation to such
contract, matter, or transaction: and provided, further, that nothing
herein contained shall be deemed or construed to alter the existing rules
of evidence as to proceedings for divorce.
2. In criminal cases husband and wife shall be allowed to testify in
behalf of each other, but neither shall be compelled to testify against
the other. If either, however, be examined in any case as a witness in
behalf of the other, the one so examined shall be deemed competent to
testify in such case as well against as in behalf of such other; but the
failure of either husband or wife to testify shall create no presumption
against the accused nor be the subject of any comment before the court
or jury by the prosecuting attorney.

§ 3. Neither husband nor wife shall, without the consent of the other,
be examined in any case as to any communication made by one to the
other while married, nor shall either of them be permitted, without such
consent, to reveal in testimony after the marriage relation ceases any
such communication made while the marriage subsisted: provided, that
this exclusion shall not apply to a criminal proceeding for a criminal
offence committed by one against the other, but as to such proceeding
the existing rules of evidence shall remain unchanged.

§ 4. All acts and parts of acts inconsistent herewith are hereby re-
pealed.

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