The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-03-28

-, A fMPossant Law.
A BILL to amend Sections 4 1889,
4,S4O, a, 34l and 4, 342 Of the Compiled
La,cs, IN relation to the competency
Of soit,sesses and erasajnatioss of par-
ties in certain cases.
SECTION 1. The people Of the State
Of Michigan enact That section four
thousand three hundred and tbirty-nine
Of the Compiled Laws of the State of
Michigan, be amended so that said Sec
ton shall read as follows:
Sec. 1899. No person shall be ex-
cllded from giving evidence in any
matter, civil or criminal, by reason of
crime, or for any interest of such per-
son in the matter, suit, or proceeding
in question, or in the event of such
matter, suit, or proceeding, in which
such testimony may be offered, or BY
reason of marital or other relationship
to any party thereto, but such interest,
relationship, or conviction of crime
may be shown for the purpose of draw
ing in question the oredibility of such
witness. slia - .3.r biTG slsa moo Is
eSEo. q. That section four Thousand
three hundred aud forty of said Com
piled Laws be amended so that said
section shall read as follows: '2t-
SEC. 1910. On the trial of any issue
Joined, or of any matter, suit or pro-
ceedings in any court, or on any 1nqui-
ry arising in any suit or proceeding in
any court, or before any officer or per-
son having by law or by consent of
parties, authority to hear, receive and
examine evidence, the parties to any
Iuch suit or proceeding is prosecuted
or defended, may be witnesses therein
in their own behalf or otherwise, in the
same manner as other witnesses, ex-
cept as hereinafter otherwise provided;
and the deposition of any such party
or person may be taken and used in
evidence under the rules and statutes
governing dispositions, and any such par
ty or person may be proceeded against,
and compelled to attend and testify as
is provided by other witnesses. Moth
in this act shall be construed as giving
the right to compel defendant in
criminal eases to testify, but any such
defendant shall be at liberty to make
any statement to the court or jury, and
may be cross-examined upon any such
statement.
SEC. 8. That section four thousand
three hundred and forty-one of said
Compiled Laws be amended so that
said section shall read as follows:
See. 4,34l. That when suit or pro-
ceeding is prosecuted or defended by
the representatives of deceased per-
son, the opposite party, if examined as
awitHess on his own behalf, shall not
be admitted to testify at all In relation
to matters which, if true, must have
been equally, within the knowledge of
such deceased person.
SEC. A. That section four thousand
three hundred and forty-two of said
compiled laws be amended so that said
section shall read as follows:
SEC. 4,342. A husband shall not be
examined as witness for or against his
wife without her consent, nor a wife
for or against her husband without his
consent. Nor shall either, during the
marriage or afterwards, be, without the
consent of both, examined as to any
communication made by one to the
other during the marriage; but in any
action or proceeding instituted by the
husband or wife in consequence of
adultery, in which case the husband and
wife shall not be competent to testify.
Sec. s. So much of all Acts or parts
of Acts on the same as are Inconsistent
with the provisions of this act are here
by repealed. 49,
SEC. g.. To take immediate effect.