EVIDENCE

1587

	85. Copies of records from office of state	88. Where transcript of record might be
	tax commissioner.	offered in evidence, sufficient to pro-
	86. Copy of records of State Roads Com-	duce original papers.
	mission.
	87. Copy of judicial proceedings not re-	Presumptions of Survivorship.
	quired to be recorded.	89. According to age, sex, etc.

Competency of Witnesses.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1804, ch. 109, sec. 1.

1. No person offered as a witness shall hereafter be excluded, by rea-
son of incapacity from crime or interest, from giving evidence, either in
person or by deposition, according to the practice of the courts, in the trial
of any issue joined or hereafter to be joined, or of any matter or question,
or on any inquiry arising in any suit, action or proceeding, civil or crimi-
nal, in any court, or before any judge, jury, justice of the peace or other
person having, by law or by consent of parties, authority to hear, receive
and examine evidence; but every person so offered may and shall be ad-
mitted to give evidence, notwithstanding that such person may or shall
have an interest in the matter in question, or, in the event of the trial
of any issue, matter, question or inquiry, or of the suit, action or pro-
ceeding in which he is offered as a witness, and notwithstanding that such
person offered as a witness may have been previously convicted of any
crime or offense; but no person who has been convicted of the crime of
perjury shall be admitted to testify in any case or proceeding whatever;
and the parties litigant and all persons in whose behalf any suit, action
or other proceeding may be brought or defended, themselves, and their
wives and husbands shall be competent and compellable to give evidence
in the same manner as other witnesses, except as hereinafter excepted.

Parties; husbands and wives; interest.

The portion of this section making parties and their wives and husbands "com-
petent and compellable to give evidence," applies to civil cases only; this is true not-
withstanding the repeal by act of 1876, ch. 357, of third section of act of 1864, ch. 109
(see sec. 4). Object of evidence act. Turpin v. State, 55 Md. 475. And see Davis v.
State, 38 Md. 65 (dissenting opinion); Grand United Order, etc., v. Merklin, 65 Md.
584; Classen v. Classen, 57 Md. 511.

The portion of this section making parties litigant competent witnesses; applied.
Flickinger v. Wagner, 46 Md. 600. And see Crane v. Barkdoll, 59 Md. 537; Le Brun
v. Le Brun, 55 Md. 503; Barnum v. Barnum, 42 Md. 323; Semmes v. Worthington,
38 Md. 324.

A party who takes an interest under a will is a legal and competent witness to prove
it, and the devise or bequest to him is valid. Leitch v. Leitch, 114 Md. 336;
Hammett v. Shanks, 41 Md. 219; Harris v. Pue, 39 Md. 549; Estep v. Morris, 38
Md. 426.

By evidence act of 1864, the disqualification of witnesses arising from interest, was
to a great extent, but not wholly, removed—see sec. 3. Bowman v. Little, 101 Md.
319 (supplemental opinion); Wright v. Gilbert, 51 Md. 155; Semmes v. Worthington,
38 Md. 324.

Generally.

Act of 1864, ch. 109, held not to apply to any cases "except those of witnesses
testifying under oath and subject to test of cross-examination." In other respects,
it did not change common law rules of evidence. Romer v. Jaecksch, 39 Md. 591;
Friend v. Hamill, 34 Md. 307.

Act of 1864, ch. 109, held not to change practice whereby, if plaintiff in an action
of tort fails to make out a case against one or more of the defendants, such defendants
are entitled to a verdict at once before defence is gone into. Brinkley v. Platt, 40
Md. 531.

A defect in an affidavit made under sec. 43 of art. 37 of Code of 1860—see sec. 64—
held not to be cured by act of 1864, ch. 109. Ward v. Leitch, 30 Md. 334.

This section referred 'to in construing sec. 3—see notes thereto. South Baltimore,
etc., Co. v. Muhlbach, 69 Md. 401; Bowie v. Bowie, 77 Md. 312; Biggs v. McCurley,