JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 561
CHAPTER 385.
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AN ACT to repeal section two of article thirty-
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seven, of the Code of Public General Laws, title
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" evidence, " sub-title " competency of witnesses, "
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as amended by the act of January session, of
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eighteen hundred and sixty-eight, chapter one
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hundred and sixteen, and to amend and re-enact
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the same.
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SECTION 1. Be it enacted by the General Assembly of
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Maryland, That section two, of article thirty-seven,
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Repealed and
rc-enacted.
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of the Code of Public General Laws, title " evidence, "
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sub-title " competency of witnesses, " as amended by
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the act of January session , eighteen hundred and sixty-
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eight, chapter one hundred and sixteen, be and the
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same is hereby repealed and re-enacted with amend-
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ments, to read as follows :
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2. When an original party to a contract or cause
of action is dead, or shown to be lunatic or insane,
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Original party
is dead.
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or when an executor or administrator is a party to
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the suit, action or other proceeding, either party may
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be called as a witness by his opponent, but shall not
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be admitted to testify on his own offer or upon the
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call of his co-plaintiff, or co-defendant, otherwise than
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now by law allowed, unless a nominal party merely ;
provided, that when an executor or administrator,
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Proviso.
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guardian or committee of a lunatic or insane person,
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is a party to the suit, action or other proceeding, when
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the cause of action has arisen on a contract made
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36
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