Chap. 673.—An ACT to amend and re-enact an act to make husband and
competent witnesses for or against each other in certain civil and crin
cases.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That the ac
the general assembly of Virginia, approved March fifth, eighteen hun
and ninety-four, entitled an act to make husband and wife eompe
witnesses for or against each other in civil cases, and the title of said
as amended and re-enacted by an act approved March third, eigh
hundred and ninety-cight, entitled an act to amend and re-enact an act
entitled an act to make husband and wife competent witnesses for or
against cach other in civil cases, approved March fifth, eighteen hundred
and ninety-four, and the title of said act so as tc make husband and wife
competent witnesses for or against each other in certain civil and crimi-
nal cases, 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 husband
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 or
against 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 consideration; but as to said transaction the existing
rules of evidenee shall remain unchanged. Second, where one of the
original parties to a contract, 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 con-
tract, matter, or transaction is made incompetent to testify by sub-section
two of section thirty-three hundred and forty-six of the Code of Vir-
ginia, then in such case the consort of either party shall be incompetent
to testify in relation to such contract, matter, or transaction: and pro-
vided, further, that nothing herein contained shall be deemed or con-
strued to alter the existing rules of evidence as to proceedings for divorcee,

except in cases where the suit for divorce is Lrought on the ground of
cruelty or desertion, in which cases the husband or wife may testify.

& 2. In criminal cases hushand and wife shall be allowed, and, subject
to the same rules of evidence governing other witnesses, may be compelled
to testify in behalf of each ‘other, but neither shall be compelled nor,
without the consent of the other, allowed to testify against the other:
provided, however, if cither be called and examined in any case as a
witness in behalf of the other, the one so examined shall be deemed com-
petent, and, subject to the same rules of evidence governing other wit-
nesses, may be compelled to testify against the other. The failure of
cither hushand 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 anv communication made bv the 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 cubsisted : provided, that
this exclusion shall not apply to a criminal proceeding for a criminal
offense 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 with this act are hereby re-
pealed.

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