ART. 35.] EVIDENCE——COMPETENCY OF WITNESSES. 687

with such executor, administrator, guardian or committee, or out
of transactions between such executor, administrator, guardian or

committee and the other party, or when the executor, adminis-
trator, 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 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 witness, to corroborate his
testimony when impeached by proof of his own declaration or
statement made to third persons out of the presence and hearing
of the adverse party; and provided further, that whenever the
contract or cause of action in issue and on trial was made or con-
tracted with an agent, the death or insanity of his principal shall
not prevent any party to the suit or proceeding from being a
witness in the case; provided such agent shall be living and

competent to testify.

Neidig v. Whiteford, 29 Md. 178. Cooke v. Cooke, 29 Md. 538. Ward v.
Leitch, 31 Md. 326. Smith V. Wood, 31 Md. 293. Schull v. Murray, 32 Md. 9.
Carman v. Crook, 32 Md. 486. Billingslea v. Ward, 33 Md. 48. Johnson v.
Heald, 33 Md. 352. McKaig v. liatt, 34 Md. 260. Foley v. Bitter, 34 Md. 646.
Dennison v. Dennison, 35 Md. 381. Miller v. Matter, 35 Md. 432. Jones v.
Jones, 36 Md 457. Downs v. Md. & Del. R. R. Co., 37 Md. 100. Redgrave v.
Redgrave, 38 Md. 96. Semmes v. Worthington, 38 Md. 324. Estep v. Morris,
38 Md. 417. Harris v. Pue, 39 Md. 535. Romer v. Jaecksch, 39 Md. 585.
Mason v. Poulson, 40 Md. 355. Sanborn v. Lang, 41 Md. 107. Armitage v.

Snowden, 41 Md. 119. Hammett v. Shanks, 41 Md. 219. Murray v. Cannon,

41 Md. 475. Spencer v. Trafford, 42 Md. 17. McKaig v. Hebb, 42 Md. 231.
Mason v. Poulson, 43 Md. 177. Graves v. Spedden, 46 Md. 538. First Nat.
Bank of Washington v. Eccleston, 48 Md. 145. Orendorf v. Utz, 48 Md. 304.
Stanford v. Horwitz, 49 Md. 525. Wright v. Gilbert, 51 Md. 155. Hardy v.
Chesapeake Bank, 51 Md. 562. Sangston v. Hack, 52 Md. 201. Bantz v. Bantz,
52 Md. 686. Simmons v. Haas, 56 Md. 165. Spencer v. Almoney, 56 Md. 561.
Swartz v. Chickering, 58 Md. 290. Diffenbach v. Vogeler, 60 Md 379. Dilley

v. Love, 61 Md 607. Trayhem v. Colbum, 63 Md. 105. Grand United Order
of Odd Fellows Joint Stock Asso. v. Merklin, 65 Md. 584. Horner v. Frazier,
65 Md. 10. Neale v. Hermanns, 65 Md. 478. Robertson v. Howell, 66 Md. 534.

P. G. L., (1860,) art. 87, sec. 3. 1864, ch, 109. 1876, ch. 357. 1888, ch. 545.

3. In the trial of all indictments, complaints and other pro-
ceedings against persons charged with the commission of crimes
and offences, and in all proceedings in the nature of criminal pro-
ceedings in any court of this State, and before a justice of the
peace or other officer acting judicially, the person so charged shall