The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-27
CHAPTER VII.
EXAMINATION OF WITNESSES.


SECTION 414. Interest not to exclude n
witness.
Sec. AS. Parties to actions and special
proceedings may be witnesses on their
own behalf, except in certain cases.
SEC. Ala. No person offered as n wit.
ness shall be excluded by reason of his
interest i'll the event of the action.
SEC. AIS. A party to an action or spe-
cial proceeding in any and all courts. md
before any and all courts, and before
any and all officers and persons acting
]udlcially, may be examined as a witness
on his own behalf, or in behalf of any
other party, conditionally, on commits
sion and upon the trial or hearing in the
case, IN the same manner and subject to
the same rules of examination as any
other witness: Proritled, horerer, That
no party to the action or proceeding.
nor any person who has a legal equita-
bic interest which may be affected by
the event of the action or proceeding,
nor any person who, previous to such eX-
animation, has had such an interest,
however, the same may have been trans
ferred to or come to the party to the ac-
ton or proceeding, nor any assignor of
anything in controversy in the action.
shall be examined in regard to any trans
action or communication between such
witness and person, at the time of such
examination, deceased, insane or luna
tic, rs witness against lar,y then
prosecuting or defending the action as
executor, administrator, heir-at-law,
next-of-kin, assignee, legatee, devisee,
or survivor of such, deceased person, or
as assignee or committee of such insane
person or lunatic, when such examina-
ton or any judgment or determination
III such action or proceeding, can in any
manner affect the interest of such wit
ness or the interest previously owned or
represented by him. But when such ex-
ecutor, administrator, heir.at-law, next
of-kln, assignee, legatee, devisee, survi-
vor or committee shall be examined on
his own behalf in regard to such trans.
action or communication, or the testi-
mony of such deceased or insane person
or lunatic in regard to snch transaction
or communication however the Same
may have been perpetuatcd or made
competent.) shall be given in evidence
on the trial or hearing on behalf of such
executor, administrator, heir-at-law,
next -of-kin, assignee, legatee, devisec,
survivor or committee, then all other
persons not otherwise rendered incom-
petent shall be made competent wit
nesses i'll relation to such transaction or
communication on said trial or hearing
Nothing contained in Section eight of
this Act shall be held or construed to
affect or restrain the operation of this
Section.
l. In any trial or enquiry in any suit,
action or proceeding in any court, or
before any person having, by law or con
sent OF parties, authority to examine
witnesses or hear evidence, the husband
or wife of any party thereto, or of any
person in whose behalf any such suit.
action or proceeding is brought, prose
cuted, opposed or defended shall, except
as hereinafter stated, be competent and
compellable to give evidence, the same
as any other witness, on behalf of any
party to such suit, action or proceeding.
2. Nothing herein contained shall ren-
der any husband or wife competent or
compellablo to give evidence for or
against the other in any criminal action
or proceeding, Except to prove the fact
OF marriage in case of bigamy,) or in
any action or proceeding Instituted in
consequence Of adultery, or in any action
or proceeding for divorce on account
OF adultery, Except to prove the fact OF
marrlage,) or in any action or pro-