270                             LAWS OF MARYLAND                      CH. 217]

ment Volume and 1967 Supplement), title "Evidence," subtitle
"Competency of Witness," to add a provision after the last word
of Section 4 specifying the corroboration required of the plain-
tiff's testimony in support of the bill of complaint for a divorce
a vinculo matrimonii upon the grounds of the voluntary separation
of husband and wife for eighteen consecutive months, where such
separation was accompanied by a separation agreement executed
under oath by both parties.

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 and 1967 Supplement), title "Evidence,"
subtitle "Competency of Witness," be and it is hereby repealed and
re-enacted, with amendments, 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 presump-
tion 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 dis-
close any confidential communication made by the one to the other
during the marriage, nor shall the husband or wife be compelled to
testify as an adverse party or witness in any criminal proceeding
involving his or her spouse, except when such proceedings 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 dam-
ages for breach of promise of marriage, no verdict shall be per-
mitted to be recovered, nor shall any judgment or decree be entered
upon the testimony of the plaintiff alone; but in all such cases testi-
mony in corroboration of that of the plaintiff shall be necessary [.];
but in suits, actions, bills or other proceedings instituted for the
purpose of obtaining a divorce a vinculo matrimonii upon the grounds
of husband and wife having voluntarily lived separate and apart,
without any cohabitation for eighteen consecutive months, with such
separation being beyond any reasonable expectation of reconcilia-
tion, where both husband and wife prior to the filing of the bill of
complaint upon such grounds for divorce a vinculo matrimonii,
had executed an agreement under oath reciting that both parties
had voluntarily agreed to separate, such separation agreement and
the terms therein shall serve as full corroboration of the plaintiff's
testimony as to the grounds for divorce MUTUAL AND VOLUN-
TARY NATURE OF THE SEPARATION set out in the bill of com-
plaint filed by the plaintiff thereby.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1968.

Approved April 10, 1968.