Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-03-23
AN ACT.

AN ACT.
To repeal an Act entitled +" an Act relating
to Witnesses" passed By the General as
senably ofMe Restored Government Of Var-
ginia, on the Goth day Of January, 1864
Passed March End, 1865.
BE it enacted by the General Assembly,
that no witness shall be incompetent to testi-
fy because of interest, and in all actions,
suits, and other proceedings of civil nature
at law or in equity, before any court, or be-
for a justice of the peace, commissioner, or
other person having authority by law, or y
consent of parties to hear evidence, the par
ties thereto, and those on whose behalf such
action, suit, or proceeding is prosecuted or
defended, shall, if otherwise competent to
testify, and subject to the rules Of evidence
and Of practice applicable to other witnesses,
be competent to give evidence on their own
behalf, and shall be competent and compela-
BILE to give evidence on behalf Of any other
party to such action, suit, or proceeding, ex-
cept as hereinafter provided
In all cases, both at law and in equity the
evidence Of parties, except in cases in which
such evidence is admissible under laws now in
force, shall be given ore tenus, and not by
deposition; and in suits in equity, and in
other cases in which the deposition Of the
witness would regularly be part Of the record,
the court, on the request Of either party, or
if deemed proper by itself, may certify tie
fact proved by any such party, or the evi-
dence given by him, as far as the same is
credited by the court, as the one or the other
may be proper, and such certificate shall be
part of the record, whether parties on the
record Or beneficial parties
Nothing in the FIRST section of this act shall
be construed to alter the rules of law now in
force in respect to the competency Of husband
and wife as witnesses for or against each 9TH
er, during the covelture or after its termina-
ton, nor IN respect to attestlng witnesses to
wills, deeds, or other instruments. And
where one Of the original parties to the con-
tract, or other transaction, which is the sub
ject Of the investigation, is dead or insane, or
incompetent to testify by reason Of infamy or
any other legal cause, the other party shall
not be admitted to testify in his own favor, or
in favor of any other party having an inter-
est adverse to that of the party so incapable
Of testifying, unless he shall be first called
to testify on behalf of such last mentioned
party. And where one Of the parties is an
executor, administrator, curator, or commit
tee, or other person representing dead per-
son, an insane person, or convict in the
penitentlary, the other party shall not be per-
mitted to testify in his own favor, unless the
contract or other transaction in issue, Or sub
ject of investigation was originally made or
had with person who is living and compe-
tent to testify, except as to such things as
have been done since the powers Of such fdu-
ciary were assumed
Ii any party required by another to testify
on his behalf, shall refuse to testify, it shall
be lawful for the the court, officer, or person
before whom the proceeding is pending, to
dismiss the action, suit, or other proceeding
Of the party SO refusing, as to the whole or
any part thereof, or to strike out and dsre-
gard the plea, answer, or other defence of
such party, or any part thereof, as justice
may require.
A party called to testify for another, hay
ing an adverse interest, may be examined by
such other party according to the rules ap-
plicable to cross-exaAination.
The act entitled ''an act relating to wit
nesses, - passed January twenty ninth, eigh-
teen hundred and sixty -four, is hereby re-
pealed.
This act shall be in force from its passage