686 EVIDENCE—COMPETENCY OF WITNESSES. [ART. 35.

offered as a witness may have been previously convicted of any
crime or offence; 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.

Cunningham v. Dwyer, 23 Md. 219. Neidig v. Whiteford, 29 Md. 178
Cooke v. Cooke, 29 Md. 538. Ward v. Leitch, 30 Md. 326. Gambrill v. Parker,
31 Md. 1 Schull v. Murray, 32 Md. 9. Johnson v. Heald, 33 Md. 352.
Friend v. Hamill, 34 Md. 298. Foley v. Bitter, 34 Md. 646. McAleer v. Hor-
sey, 35 Md. 439. Downs v. Md. & Del. R. R. Co , 37 Md. 100. Davis v. State,
38 Md 15. Semmes v. Worthington, 38 Md 298. Estep v. Morris, 38 Md.
417. Harris v. Pue, 39 Md 535. Romer v. Jaecksch, 39 Md. 585. Mason v.
Foulson, 40 Md. 355. Brinkley v. Platt, 40 Md. 529. Sanborn v. Lang, 41
Md. 107. Armitage v. Snowden, 41 Md. 119. Wright v. Gilbert, 51 Md. 155.
Hardy v. Chesapeake Bank, 51 Md. 562. Bantz v. Bantz, 52 Md. 686. Tar-
pin v. State, 55 Md. 475. Kerby v. Kerby, 57 Md. 346. Classen v. Classen, 57
Md. 511. Swartz v. Chickering, 58 Md 290. Crane v. Barkdoll, 59 Md 537.
Horner v. Frazier, 65 Md. 10. Neale v. Hermanns, 65 Md. 478.

P. G. L., (1860,) art. 37, sec. 2. 1864, ch. 109. 1868, ch. 116. 1876,ch. 222.

1888, ch. 315.

2. When an original party to a contract or cause of action is

dead, or shown to be a lunatic or insane, or when an executor or
administrator 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
co-plaintiff or co-defendant, 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 oppo-
site party shall be a competent witness on his own behalf in
such case, notwithstanding the executor or administrator of such
deceased person, or committee of such lunatic or insane person
has become a party to such suit, action or other proceeding, bnt
shall only testify as to matters upon which such deceased, lunatic
or insane person was examined and testified to; provided, that
when an executor, administrator, guardian or committee of a
lunatic or insane person is a party to the suit, action or other pro-
ceeding, when the cause of action has arisen on a contract made