SPIRO T. AGNEW, Governor                        291

motor scooter or bicycle with a motor attachment, or for the general
operation of any other type of motor vehicle, shall first obtain an
instruction and examination permit by applying to the Department
[in Baltimore City] upon a form furnished by the Department and
every said application shall be accompanied by a fee of five ($5.00)
dollars. Four dollars ($4.00) of said fee shall go into a special fund
as specified in subsection (e) hereinbelow. Each applicant for an
original license or permit shall submit with his application a birth
certificate, baptismal or school certificate or other proof of age and
identity satisfactory to the Department.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1967.

Approved April 14, 1967.

CHAPTER 176
(Senate Bill 204)

AN ACT to repeal and re-enact, with amendments, Section 4 of
Article 35 of the Annotated Code of Maryland (1965 Replace-
ment Volume), title "Evidence", subtitle "Competency of Wit-
ness", to require a husband or wife to testify as an adverse party
against the other spouse in criminal proceedings involving the
abuse of a minor under the age of sixteen years.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 4 of Article 35 of the Annotated Code of Maryland
(1965 Replacement Volume), title "Evidence", subtitle "Competency
of Witness", be and is hereby repealed and re-enacted, with amend-
ments, to read as follows:

4.

In the trial of all indictments, complaints and other proceedings
against persons charged with the commission of crimes and offenses,
and in all proceedings in the nature of criminal proceedings in any
court of this State, and before a justice of the peace or other officer
acting judicially, the person so charged shall at his own request,
but not otherwise, be deemed a competent witness; but the neglect
or refusal of any such person to testify shall not create any pre-
sumption against him. In all criminal proceedings the husband or
wife of the accused party shall be competent to testify; but in no
case, civil or criminal, shall any husband or wife be competent to
disclose any confidential communication made by the one to the
other during the marriage, nor shall the husband or wife be com-
pelled to testify as an adverse party or witness in any criminal
proceeding involving his or her spouse [;], except when such pro-
ceedings involves the abuse of a child under sixteen years pursuant
to Section 11A of Article 27 of this Code, as amended from time to
time; and in suits, actions, bills or other proceedings instituted in
consequence of adultery, or for the purpose of obtaining a divorce,
or for damages for breach of premise of marriage, no verdict shall
be permitted to be recovered, nor shall any judgment or decree be