ELIHU E JACKSON, ESQUIRE, GOVERNOR.

as follows, be and the same is hereby repealed,
amended and re-enacted so as to read as follows :
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 proceed-

545

ings, 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-plain-
tiff 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 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 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 tes-

May be a wit-
ness.

tified to ; provided that when an executor or ad-
ministrator, 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
arisen on a contract made with such executor,
administrator, guardian or committee, or out
of transactions between such executor, adminis-
trator, guardian or committee and the other
party, or when the executor, administrator,
guardian or committee testifies as to any con-
versation had with the other party, either party
may be examined as a witness as provided for
in the other sections of this article; and pro-
vided further, that it shall not be competent for
any party to the cause, who has been examined
therein as a witness, to corroborate his testi-
mony 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 contracted with an agent, the
death or insanity of his principal shall not pre-
vent any party to the suit or proceeding from

35

Provisos.