Chap. 256.—An ACT -to amend and re-enact section 22, chapter 172,
Code of 1873, in relation to parties to suits testifying in certain cases.

Approved April 2, 1877.

1, Be it enacted by the general assembly, That the act to
amend and re-enact section twenty-two, chapter one hundred
and seventy-two of the Code of eighteen hundred and seventy-
three, in relation to parties to suits testifying in certain cases,
approved twenty-first March, eighteen hundred and seventy-
seven, 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 9s witnesses for or against each
other during the coverture, or after its termination, nor in
reapect to attesting witnesses to wills, deeds, or other in-
struments; and where one of the original parties to the con-
tract, or other transaction, which is the subject of the inves-
tigation, is dead, or insane, or incompetent to testify by rea-
son of infamy or any other regal cause, the other party shall
not be admitted to testify in his own favor, or in favor of
any other party having an interest adverse to that of the
party so incapable 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 occurring 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 unless, in 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 repre-
senting 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 trans-
action was originally made or had with a person who is liv-
ing and competent to testify, except as to such things as
have been done since the powers of such fiduciary were as-
sumed, and except, also, when some other party in interest
has previously testified; or unless some person having an
interest adverse to the party so incapable of testifying, shall
have previously testified as aforesaid: provided however, that
no witness who would have been competent to testify as the
law stood before the passage of this and the preceding sec-
tion, shall be rendered incompetent bereby.
2. This act shall be in force from its passage.