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LAWS OF MARYLAND.

CHAPTER 222.

AN ACT to repeal section two, of article thirty-

seven, of the Code of Public General Laws, title

"Evidence," sub-title " Competency of Witnesses,"

as amended by the act of January session, of eigh-

teen hundred and seventy-four, chapter three hun-

dred and eighty-five, and to amend and re-enact

the same to read as follows :

SECTION 1. Be it enacted by the General Assembly of

Repealed and

Maryland, That section two of article thirty-seven,

re-enacted.

of the Code of Public General Laws, title " Evidence,"

sub-title " Competency of Witnesses," as amended

by the act of January session of eighteen hundred

and seventy-four, chapter three hundred and eighty-

five, be and the same is hereby repealed and re-en-

acted with amendments to read as follows :

2. When an original party to a contract or cause

Eligibility of

of action is dead, or shown to be lunatic or insane,

witnesses.

or when an executor or administrator is a party to

the suit, action or other proceedings, either party

may be called as a witness by his opponent, but shall

not be admitted to testify on his own offer, or upon

the call of his co-plaintiff or co-defendant, otherwise

than now by law allowed, unless a nominal party

merely, except in case where the party to such suit,

action or other proceeding has died, or become luna-

tic or insane, after having testified in his own behalf,

then the opposite party shall be a competent witness

on his own behalf in such case, notwithstanding the

executor or administrator of such deceased person,

or committee of such lunatic or insane person has

become a party to such suit, action or other proceed-

ing, but shall only testify as to matters upon which

such deceased, lunatic or insane person was examined

Proviso.

and testify to; provided, that when an executor or

administrator, guardian or committee of a lunatic or

insane person is a party to the suit, action or other

proceeding, when the cause of action has arisen on a

contract made with such executor, administrator,

guardian or committee, or out of transactions between

such executor, administrator, guardian or committee