Chap. 198.—An ACT to amend and re-enact section 22, chapter 172,
of the Code of 1873, in relation to parties to suits testifying in certain
cases.

Approved March 2], 1877.

1. Be it enacted by the general assembly of Virginia, Thai
the twenty-second section, chapter one hundred and seventy-
two of the Code of Virginia, edition of eighteen hundred and
seventy-three, be amended and re-enacted so as to read as
follows:

§ 22. Nothing in the preceding section 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 instru-
ments; and where one of the original parties to the contract
or other transaction, which is the subject of the investiga-
tion, is dead or insane, or incompetent to testify by reason of
infamy or other legal cause, the other party shall not be ad-
mitted to testify in his own favor, or in favor of any other
party having an interest adverse to that of the party so in-
capable of testifying, unless he shall be first called to testify
on behalf of such last mentioned party, or unless some person
having an interest adverse to that of the party so incapable
of testifying shall have previously testified to some fact oc-
curring before such inability accrued; or unless the contract
or other transaction which is the subject of the investigation
was made or had with the agent of the party so incapable of
testifying, who is alive and competent to testify; or unlessin
the case of partners or other joint contractors, when the
person who has become incapable of testifying was not the
only partner or other only joint contractor with whom such
contract or other transaction’was personally made or had;
and when one of the parties is an executor, administrator,
curator, or committee or other person representifig 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unless such contract or other transaction was originally made
or had with a person who is living and competent to testify,
except as to such things as have been done since the powers
of such fiduciary were assumed, and except, also, when some
other party in interest bas previously testified; or unless
some person having an interest adverse to the party so in-
capable of testifying shall have previously testified as afore-
said.
2. This act slall be in force from its passage.