718

LAWS OF MARYLAND.

CHAP. 494.

"Crimes and Punishments," sub-title "Jurisdiction, Pro-
cedure and Sentence, "as enacted bv the Act of 1894, Chap-
ter 402.

Repeal
and re enact

SECTION 1. Be it enacted by the General Assembly of
Maryland, That section 304 A of Article 27 of the Code of
Public General Laws, title "Crimes and Punishments," sub-
title "Jurisdiction, Procedure and Sentence," as enacted by
the Acts of 1894, chapter 402, be and the same is hereby
repealed and re-enacted with amendments, so as to read as
follows :

Sentence
maybe
suspended.

Section 304 A. The Courts may suspend sentence generally
or for a definite time, and may make such orders and impose
such terms as to costs, recognizance for appearance, or matters
relating to the residence or conduct of the convicts as may be
deemed proper; and if the convict is a minor, the Courts may
also make such orders as to his detention in any care or custody
as may be deemed proper.

Repeat

SEC:. 2. And be it enacted, That the existing Act in
relation to suspensions of sentence is repealed.
SEC. 3. And be it enacted, That this Act shall take effect
from the date of its passage.
Approved April 8, 1902.

CHAPTER 495.

AN ACT to repeal and re-enact with amendments Section 2
of Article 35 of the Code of Public General Laws, title
"Evidence," sub-title "Competency of Witnesses."

Repeal
and re-enact

SECTION 1. Be it enacted by the General Assembly of
Maryland, That section two or Article thirty-five of the Code
of Public General Laws, title "Evidence," sub-title "Compe-
tency of Witnesses," be and the same is hereby repealed and
re-enacted, so as to read as follows :

Unlawful to
testify to any
transaction
had with
testator
unless called
by opposite
party.

SEC. 2. In actions or proceedings by or against executors or
administrators in which judgments or decrees may be rendered
for or against them, and in proceedings by or against persons
incompetent to testify by reason of mental disability, no party
to the cause shall be allowed to testify as to any transaction
had with or statement made by the testator, intestate or party
so incompetent to testify, either personally or through an
agent since dead, lunatic or insane, unless called to testify
thereto by the opposite party, or unless the testimony of such
testator, intestate or party incompetent to testify shall have
been already given in evidence concerning the same transac-
tion or statement, in the same cause, on his or her own behalf