750

WITNESSES AND Evidence. [ART. 70.

501, 37 Md 358,
38 Md 18, 95,
298, 417 , 39 Md
535, 585 , 40 Md
355, 529 , 41 Md
107, 115, 119, 123

by consent of parties, authority to hear, receive, and examine evi-
dence; but that every person so offered may and shall be admitted
to give evidence, notwithstanding that such person may or shall
have an interest in the matter in question, or in the event of the

No exclusion on
ground of in-
terest or crime

trial of any issue, matter, question, or inquiry, or of the suit, action,
or proceeding in which he is offering as a witness, and notwithstand-
ing that such person offered as a witness may have been previously
convicted of any crime or offence; but no person who has been con-

Exception.

victed of the crime of perjury shall be admitted to testify in any
case or proceeding whatever; and the parties litigant, and all per-
sons 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.

1304, c 109, s 2 ,
1868,c 116,
1876, c 222
When original
party is dead or
insane, or where
an executor or
administrator is
puny to a suit
31 Md 1, 293 , 32
Md 17,483, 31
Md 352 , 31 Aid
249, 646 , -15 Md
361,439, 31, Md
447, 501 37 Md.
100 , 38 Md 93,
299 , 39 Md 5.35,
585 , 40 Md 355 ,
48 Md 161 , 45
Md 538

2. When an original party to a contract or cause of action is
dead, or shown to be lunatic or insane, or when an executor or ad-
ministrator 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 coplain-
tiff or codefendant, 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 lunatic 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, notwith-
standing the executor or administrator of such deceased person or

Exceptions.

committee of such lunatic or insane person has become a party to
such suit, action, or other proceeding, but shall only testify as to
matters upon which such deceased lunatic or insane person was
examined and testified to , provided, that when an executor or admin-
istiator, 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 aiisen on a contract made with such executor, adminis-
trator, guardian, or committee, or out of transactions between such
executor, administrator, guardian, or committee, and the other
party; or when the executor, administrator, guardian, or committee
testifies as to any conversation had with the other party, either party
may be examined as a witness, as provided for in the other sections

Proviso.

of this article; and provided further, that it shall not be competent
for any party to the cause, who has been examined therein as a wit-
ness, to corroborate his testimony, when impeached, by proof of his
own declaration or statements made to third persons, out of the
presence ana hearing of the adverse party.

1876,c 337.
Wit nesses in
criminal pro-
ceedings.
38 Md. 74.

3. In the trial of all indictments, complaints, and other proceed-
ings, against persons charged with the commission of crimes and
offences, and in all proceedings in the nature of criminal proceed-
ings, in any court of this State, and before a justice of the peace or
other officer acting judicially, the person so charged shall, at his
own request, but not otherwise, be deemed a competent witness ;