Page:United States Statutes at Large Volume 47 Part 1.djvu/1123

 72d CONG RESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 5. The accession to office and the official signatures and seals of office of the principal officers of government in the legislative, execu- tive, and judicial departments of the United States 6. The existence,, title, national flag, and seal of every state or s overe ign r ecogn ized by the exe cutiv e pow er of the Unite d Sta tes ; 7. The sea ls of cour ts of admi ralty and marit ime j urisd ictio n, and o f not aries publ ic, ; 8. The laws of nature, the measure of time, and the geographical divisions and political history of the world. In all these case s the cour t may reso rt for its aid to ap propr iate books or d ocume nts of ref erenc e. WITN ESSES Witnesses . 1099 SEC 1Q72 W ITNESSES DEFINED-A witness is a person whose Defined . . . . declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or by deposi- tion or affidavit. SEC. 1073. ALL PERSONS CAPABLE OF PERCEPTION AND COMMUNICA- TI ON MAY BE WITNESSES .-All persons, without exception, otherwise than is sp ecifi ed in the next two s ectio ns, w ho, h aving orga ns of sense, can perceive, and, perceiving, can make known their percep- tions to others, may be witnesses. The re for e, ne it her parties nor other persons who have an interest in the event of an action or proceeding are excluded ; nor those who have been convicted of crime ; nor persons on acc ou nt of their opinions on matters of rel i- gious belief ; although, in every, case the credibility of the witness Anie, p .1094. may be drawn in question, as provided in se cti on 1046. SEC. 1074. PE RSO NS WHO CAN NOT TESTiFI. -The follo wing perso ns Pe rsons who cannot can not be witnesses : testify. 1 . Those who are of unsound mind at the time of their production for examination. 2. Children under ten years of ag e, who appear incapable of recei ving just impre ssion s of the f acts respe cting whic h the y are examined, or of relating them truly. 3. Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person. SEC. 1075 . CASES IN WHICH WITNESSES MAY NOT BE EXAMINED : There are particular relations in which it is the policy of the law to encourage confidence and'to preserve it inviolate ; therefore, a per son can not be exa mi ned as a witness in the following cases 1. HUSBAND AND WIFE .-A husband can not be examined for or against his wife without her consent nor a wife for or aga inst her husba nd, w ithou t his cons ent ; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage ; but this exception does not apply to civil action or proceeding by one a gains t the othe r, nor to a cri minal acti on or proc eedin g for a crime committed by one against the other ; or in an action brought by husband or wife against another person for the alienation of the affections of either husband or wi fe or in an action for da mag es against another person for adultery committed by either husband or wife. 2. ATTORNEY AND CL IEN T .-An attor ney can no t, wi thout the con- se nt of his client, be examined as .to any co mmuni catio n mad e by the client to him, or his advice given thereon in the course of profes- Capacity. Who may not be examined. Husband and wife. Exceptions. Attorney and client.