Marvin Mandel, Governor                         621

selves, and their wives and husbands shall be competent and com-
pellable to give evidence in the same manner as other witnesses, ex-
cept as hereinafter excepted.

§ 4. Competency of accused; refusal to testify; competency of
husband or wife; confidential communications between
husband and wife; testimony of husband or wife in crim-
inal proceedings; proceedings for adultery, divorce or
breach of promise require corroboration.

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 an [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 presumption
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 con-
fidential 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 § 11A of Article 27 of this Code, as
amended from time to time; and in suits, actions, bills or other pro-
ceedings instituted in consequence of adultery, or for the purpose of
obtaining a divorce, or for damages for breach of promise of marriage,
no verdict shall be permitted to be recovered, nor shall any judgment
or decree be entered upon the testimony of the plaintiff alone; but in
all such cases testimony 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
reconciliation, 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 testi-
mony as to the mutual and voluntary nature of the separation set out
in the bill of complaint filed by the plaintiff thereby.

§ 13C. Character witnesses.

Where character evidence is otherwise relevant to the proceeding,
no person offered as a character witness who has an adequate basis for
forming an opinion as to another person's character shall hereafter be
excluded from giving evidence based on personal opinion to prove
character, either in person or by deposition, in any suit, action or
proceeding, civil or criminal, in any court or before any judge, or
jury [, magistrate or justice of the peace] of this State.

[§ 19. Same—Before [justice of the peace] District Court.

A witness summoned before [a justice of the peace] the District
Court shall be allowed thirty-three cents per day for each day's
attendance.]