EDWIN WARFIELD, ESQ., GOVERNOR

1169

as such, in which judgments or decrees may be rendered for

or against them, and in proceedings by or against persons in-

Defining who
shall testify

competent to testify by reason of mental disability, no party

in certain
proceedings.

to the cause shall be allowed to testify as to any transaction

had with, or statement made by the testator, intestate, ancestor

or party so incompetent to testify, either personally or through

an agent since dead, lunatic or insane, unless called to testify

by the opposite party, or unless the testimony of such testator,

intestate, ancestor or party incompetent to testify shall have

already given in evidence, concerning the same transaction or

statement, in the same cause, on his or her own behalf or on

behalf of his or her representative in interest; nor shall it be

competent, in any case, for any party to the cause who has

been examined therein as a witness, to corroborate his testi-

mony when impeached by proof of his own declaration or

statement made to third persons out of the presence and hear-
ing of the adverse party; provided, however, this Act shall

Present rights
of litigants.

not apply to pending cases nor in anywise affect the present

rights of litigants therein.

Approved April 12, 1904.

CHAPTER 662.

AN ACT to re-enact with amendments Section 87, Article 5,

of the Code of Public General Laws of the State of Mary-

land, title "Appeals from Justices of the Peace."

SECTION i. Be it enacted by the General Assembly of Mary-

land, That Section 87, Article 5, of the Code of Public General

Laws of the State of Maryland be repealed and re-enacted to

read as follows:

87. If the summons shall be returned "summoned," and the

papers shall have been filed ten days previous to the com-

Relating to the

mencement of the then next term of the court, the case shall

issue of sum-
mons and

stand for trial at the first term, but if the papers are not filed

cases for
trial.

within that time the case shall not stand for trial untilthe

second term, and if, when said case is called for trial, the ap-

pellant is not ready to prosecute his appeal, the court, instead

of hearing said case de novo, shall affirm the judgment of the

justice of the peace, with costs against the appellant, and if

there be cross appeals, the court shall affirm the judgment of

the magistrate, as against the defendant side of the case below

where the defendant appealed, and is not in court ready for

trial when said appeal is called for hearing ; provided, the party

appealing shall dismiss his appeal, and if he does not, the court

shall proceed to hear said cross appeals de novo.