110

Testimony of
party to suit
may be re-
butted.

Not applicable
no cases of adul-
tery, divorce
and breach of
promise of
marriage.

Evidence of in-
terest or infa-
my of witness.

Proof of con-
viction.

EVIDENCE. [ART. 37.

munication made to him by his wife during the
marriage, nor shall any wife be compellable to dis-
close any communication made to her by her hus-
band during the marriage.
4. In all oases where a party to any suit, action or
other proceeding shall be examined, by any opposing
party, the testimony given on said examination may
be rebutted by adverse testimony and by proof of
admission made by the party so examined.
5. Nothing in any of the preceding sections con-
tained, authorizing the examination of the parties
litigant, and making them competent witnesses, shall
apply to any suit, action, bill or other proceeding
instituted in consequence of adultery, or for the pur-
pose of obtaining a divorce, or to any action for
breach of promise of marriage.
Sub-Sec. 1. In all cases it shall be competent for
any of the parties to the proceedings to prove by legal
evidence any facts showing the interest of any wit-
ness in the matter in controversy, or in the event of
the suit or the conviction of such witness of any infa-
mous crime ; and, in order to prove such conviction,
it shall not be necessary to produce the whole record
of proceedings containing such conviction, but the
certificate, under seal of the clerk of the court wherein
such proceedings were had, stating the fact of the
conviction, and for what crime, shall be sufficient.

In force from June I, 1864.