A. W. BRADFORD., ESQUIRE, GOVERNOR.

authority to hear, receive and examine evidence ;
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 trial of
any issue, matter, question or inquiry, or of the
suit, action or proceeding in which he is offering
as a witness, and notwithstanding that such per-
son 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 proceed-
ing whatever, and the parties litigant, and all per-
sons in whose behalf any suit, action or other pro-
ceeding may be brought or defended, themselves
and their wives and husbands shall be competent
and compellable to give evidence in the same man-
ner as other witnesses, except as hereinafter ex-
cepted.

137

Sec. 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 administrator is a
party to the suit, action or other proceeding, the
other party may be called as a witness by his op-
ponent, 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, un-
less a nominal party merely.

Testimony.

Sec. 3. No person who, in any criminal proceed-
ing, is charged with the commission of any indict-
able offence, or any offence punishable on summary
conviction, shall be competent or compellable to
give evidence for or against himself, nor shall any
person be compellable to answer any question tend-
ing to criminate himself, nor, in any criminal pro-
ceeding, shall any husband be competent or com-
pellable to give evidence for or against his wife,
nor shall any wile be competent or compellable to
give evidence for or against her husband, except
as now allowed by law, nor in any case, civil or
criminal, shall any husband be competent or com-
pellable to disclose any communication made to
him by his wife during the marriage, nor shall
any wife be compellable to disclose any communi-
cation made to her by her husband during the
marriage.

18

Competency