Chap. 619.—An ACT to make husband and wife competent witnesses for or
against each other in civil cases.

Approved March 56, 1894.

1. Be it enacted by the general assembly of Virginia, That hus-
oand and wife shall be competent to testify for or against each other
n all civil cases: provided, however, that neither husband nor wife
shall be competent to testify for or against each other in any pro-
seeding by a creditor to avoid or impeach any conveyance, gift or
ale from the one to the other, on the ground of fraud or want of
onsideration, but as to said transactions, the existing rules of evi-
lence shall remain unchanged: and provided, further, that nothing
erein contained shall be deemed or construed to alter the existing
ules 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 can, 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 rela-
tion ceases any such communication made while the marriage sub-
sisted: 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. This act shall be in force from its passage.