Page:United States Statutes at Large Volume 31.djvu/544

 492 .F1FTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. CHAPTER ONE HUNDRED. OF WITNESSES. INSPECTION AND PROOF or RECORDS AND or PRIVATE SEALS. Sec. Sec. 1033. Competent witnesses. l 1038. Competency of physician. 1034. Inoompetent witnesses. _ 1039. Inspection of pu lic records. 1035. Competency of husband and wife. 1040. Proof of public records. 1036. Competency of attomey. 1041. Private seals abolished. 1037. Competency of clergyman. 1042. Title by adverse possession. mgS*;smP°‘°°* ““‘ Sec. 1033. Neither parties nor other persons who have an interest `  in the event of an action or proceeding are excluded as witnesses; nor those who have been convicted of crime; nor persons on account of ‘ their opinions on matters of religious belief; a though in every case, except the latter, the credibility of the witness may be drawn in ques- _ tion, accordingto the rules of the common law. ng;ggmP°*°°‘ W"` Sec. 1034. he following persons shall not be witnesses: 1. Those ` of unsound mind at the time of the transaction and of their plroduction for examination. 2. Children under ten years of age, w o ap ar incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly. ,,,§,‘f,“},*{,°,§',£{’,{,_°' ’“’“‘ Sec. 1035. A husband shall not be examined for or against his wife, without her consent, nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards be, without the consent of the other, examined as to any communications made by one to the other during marriage, but the exception does not apply to a civil action or proceeding by one against the other, nor to ·a criminal action or proceeding for a crime committed by one against the other. W wg>;¤l>¢¢¢¤¢>‘ °* ¤*· Sec. 1036. An attorney shall not, without the consent of his client, Y. • • • • · • be examined as to any commun1cation made by his client to him, or his advice given thereon, in the course_of his professional employment. gy‘j_?g*u1j°**’¤°Y °*°‘°" Sec. 1037. A priest or clergyman shall not, without the consent of the person making the confession, be examined as to any confession made to him in his professional capacity, in the course of discipline _ _ engined by the church to which he elongs. s1§{::¤P¢*¢¤¢v¤* PM- `no. 1038. A physician or surgeon shal not, against the objection ` _Of his patient, be examined in a civil action or roceeding as to any information acquired in attending the patient which was necessary to enable him to lprescribe or act for the patient. r 1¤;g§¤¢i<>¤ afrublic Sec. 1039. very person has a right to ing):-ict any public writing °°°or record in said district, and every public officer having the custody thereof is bound to permit such inspection, and to give on demand and on payment of the legal fees therefor, a certified copy of such writing or record, and such copy shall in all cases be evidence of the or1 `nal. ’ ‘ mgsmf of P¤b1i¤r¢<> Sec. 1040. A gudicial, legislative, or. executive record of said dis- ‘ trict, or of any tate or Territory of the United States, or of any foreign country, or of any political subdivision of either, may be roved by the production of the original, or b a copy thereof, certised by the clerk or other person having the legal custody thereof, with the seal of the court or the officia seal of such person affixed thereto, if it or he have a seal, or otherwise authenticated as required by sections nine hundred and five, nine hundred and six, and nine hundred and seven of the Revised Statutes of the United States. ,Sh*’§,v¤*¢ ¤¢¤1¤ ¤¤¤*- Sec. 1041. Private seals and scrolls as a substitute therefor are ` abolished and are not required to andy instrument, but the effect thereof, when used, shall remain unchange.