The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1861-03-27
EXAMINATION OF WITNESSES

The following bill to amend sections 4sso
1910, 434l and 4342, Of the Compiled Lava !.
relation to the competency Of witnesses and e,.
animation OF parties, has become law Of hi,
State-passed at the late session:
Section l. The People OF he State Of Niek;.
gan enact, That section four thousand three bur-
bred and thirty nine Of the compiled laws of m.
State OF Michigan. be amended 50 that said So.
ton shall read as follows:
Sec. 1889. No person shall be excluded fro,
giving evidence in any matter, cvl or criminal
10y reason Of crime, or for any interest such per.
son in the matter, suit, or proceeding in quesrio,
or in the event of such matter suit, or / roeaaS,
ings, in which such testimony NAV be offered a,
10y reason of marital or other relationship 10 spr
party thereto; but such interest, Relationship q,
conviction OF crime may be shown tor the pu,.
pose of drawing in question the credibllity az
snch witness, except AS is hereinafter provided
Sec. >. That section four thousand three him.
and forty of said compiled laws, be amended $,
that said section shall read as follows:
! Sec 1870. On the trial Of any issue Joined n,
of any matter, suit, or proceeding in any court
or on any inquiry arising in any suit or proseed
ing in any court, or before any officer or persop
having by law OF 10y the consent OF parties. az.
thcrity TO hear, receive and examine evidence
the parties 10 any such suit or proceeding NAMED
| in the record, and persons tor whose immedis,.
benefit such suit or proceedings is prosecuted az
| defended, NAV be witnessed therein in their ox,
behalf or otherwise, in the same manner as o,Ae,
witnesses, except rs hereinafter otherwise PROV.
| ded and the deposition OF any such party a,
person may be taken and used in evidence under
the rules and statutes governing dispositions
and any such party or person may be proceeded
against, and compelled 90 attend and testify IS !.
provided by law for other witnesses. Nothing
in in this act shall he construed a. giving tho
right to compel defendant in criminal cases TO
testify; bu, any such defendant sh all be a, hber
ty 10 make a statement 10 the Court or Jury and
may be cross examined upon any such statement.
Sec. 3. That section four thousand three hun.
dred and iorty-one OF said complied laws be
amended SO that said section shall read as iol.
lows:
| Sec. i3il. That when a suit or proceeding Is
prosecuted or defended by the Representatives Of
a deceased person, the opposite PARTY, II exam.
med as "A witness on his own behalf shall not be
admitted TO testify at all IN relation 10 MATES
which. il true, must have been equally within
{ e knowledge of such deceased person.
See. 4. That section four thousand three hun.
dred and iorty-two oi said complied laxs be
amended so that sad section shall read a. follows:
| See. i5i2. A husband shall not he examined
as witness for or against his wife without, her
consent, nor wife tor ur against Ter husband
without his consent. Nor shall either, during
the marriage or afterwards. be, without tie con.
seat @. both. examined to any communication
made by one Ia the ohCr during the marriage:
but in any action proceeding Instituted b, the
husband wife in consequence Of sdultry, IN
which case the husband an wife shall lot be
| competent 10 testify.
Sec. >. Repeats all acts and parts of acts con.
travcning the provisions of the act.
| THIS act shall take imnedia;. effect