The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-04-04
testify as to the same conversation or sransac-

to testify as to the same conversation or transac
ton. |
ing, any witness not party to the record, or not
party in interest, not an agent of such de-
ceased person, shall, in behalf of any party IN
snch action suit or prosecuting, testify to any con-
party in interest, occurring before the death ana
in the absence of such deceased person, sncn ao-
verse party or party in interest may also testhy
as to the same admission or conversation.
9TH. Where in any sach action or proceeding inc
disposition of any such deceased person shall De
read in evidence at the trial. any adverse party or
party in interest may testify to all matters ana
things testified to in such deposition by such de-
| ceased person, and not excluded for lrreievaney
| or incompetency. ~
SEC. 3. Where in any civil action, suit or pro-
| ceedinp the claim or defence is founded on
book account, any party or Interested person may
testify to his account book ana the terms therein
contained that the same is a book OF original en-
tries and that the entries therein were made by
himself and are true and just, or that the same
| were made by a deceased person or by a disinter-
ested person, nonresident OF the state at the
{ time of the trial, and were made by such deceas-
cd or nonresident person in the usual course OF
trade and of his duty or employment to the per
son so testirying and theraupon the said account
book and entries shall be admitted as evidence in
the cause.
ii SEC 4. That in any action, suit or proceeding,
| by or against any surviving partner or partners,
;o;nt contractor or contractors, adverse party,
or person adversely interested IN the event there
Of SHALL by virtue of section one OF this act, be
rendered a competent witness to TESTIFY 10 any al
r mission or conversation by any deceased partner
| or Joint contractor, unless some one or more oil
| the surviving partners joint contractors were
also present at the time of such admission or con
! versation.
SEC s. That no husband wife shall by vlr
tue of section one of this act be rendered compe
tent to testify for against each other as TO an
transaction or conversation occurring, during TN
. | marriage whether called witness during tn
existence Of the marriage or after ITS dissolution
Il except in cases where the wife would If unnar
4 ried be plaintiff defendant, or where the caus
= of action grows out of personal wrong or inJur
a done by the other, grows out OF the neg
- leet of the husband to furnish the wife with
- suitable support and except also IN cases "hei
~ the litigation shall be concerning the separa'
- property of the wife, in all of which eases tn
husband and wife may testify for or against eae
Ia other in the same manner as other parties ma
so under the provisions of this act.
SEC. That any party to any civil actor
~ suit proceeding, may compel any adverse par
or person for whose benefit such action, SUIT
IL proceeding is brought. instituted, prosecuted
80 defended. to testify as q witness at the trial,
. nv depesitions taken other dispositions are !
% law REQUIRED, in the same manner and subject
n ! the same rules other witnesses.
~ ~ SEC. T. That in any civil action, suit or pr
90 ceeding, no person who would if party there
~ be incompetent to testify therein under the pr
| visions of section two, or section three, shall
81 come competent by reason of any assignment
release of his claim made for the purpose OF alio'
ing such persons to testify.
Sec. s. That nothing in this act contain
shall in any manner affect the law now existi
in relation to the settlement of the estates OF 6
ceased persons, infants, idiots, lunatcs or disra
ed persons, or to the acknowledgement or pre-
of deeds and other conveyances relating TO re
| estate in order entitle the same to be record
or to the attestation or the execution of last wi
and testaments, of any other instruments
quired by law to be attested
'er- Sec. 8. That section thirty mine (3s), fol
re (40). forty-one (41) of chapter fifty 70
and section seven @, of chapter fifty four (54)
the revised statutes OF Is45 /; and an act to
pense with bills of discovery in certain cases,
proved Feb'y 90, AID, 1851, and an act to anne
the same, approved February 16, A D., 1865, 8
all other acts and parts of acts Inconsistent he
WITH be and the are hereby repealed.
SEC. 10. This act shall be in force and take
feet from and after its passage, and shall apply
all cases then pending.
Approved Feby 10, 1867.