CHAPTER 371 (S. B. 219) RELATING TO THE EXCLUSION OF CERTAIN PERSONS AS WITNESSES AN ACT Entitled, An Act to Amend Section 486 of the Code of Civil Procedure of the State of South Dakota of 1903, as Amended by Chapter 249 of the Session Laws of 1911 Relating to the Exclusion of Certain Persons as Witnesses. Be it Enacted by the Legislature of the State of South Dakota: § 1. That Section 486 of the Code of Civil Procedure of the State of South Dakota of 1903, as amended by Chapter 249 of the Session Laws of 1911 be, and the same is hereby amended to read as follows: 486. No person offered as a witness in any action or special proceeding in any court or before any officer or person having authority to examine witnesses or hear evidence shall be excluded or excused by reason of such person's interest in the event of the action or special proceeding; or because such person is a party thereto; or because such person is a husband or wife of a party thereto or of any person in whose behalf such action or special proceeding is brought, prosecuted, opposed or defended, except as hereinafter provided: 1. A husband cannot 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 afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this subdivision 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, nor to any action brought by either the husband or wife against any person to recover damages for criminal conversation with the other, or for the alienation of the affection of the other, or for any cause that involves the moral reputation of the other. 2. In civil actions or proceedings by or against executors, administrators, heirs at law or next of kin in which judgment may be rendered or order entered for or against them, neither party nor his assignor nor any person who has or ever had any interest in the subject of the action adverse to the other party, or to his testator or intestate shall be allowed to testify against such other party as to any transaction whatever with or statement by the testator or intestate, unless called to testify thereto by the opposite party. But if the testimony of a party to the action or proceeding has been taken and he shall afterwards die and after his death the testimony so taken shall be used upon any trial or hearing in behalf of his executors, administrators, heirs at law or next of kin, then the other party shall be a competent witness as to any and all matters to which the testimony so taken relates. § 2. pealed. All Acts or parts of Acts in conflict herewith are hereby re § 3. An emergency is hereby declared to exist and this act shall be in effect from and after its passage and approval. Approved March 13, 1913. ACTIONS- INDEX Page Brought against the State-duty of Plaintiff and Attorney Gen- 209 Record in Civil Actions, for use upon motion for new trial. 219 Issuance of Bonds by Lake Andes ACTS LEGALIZED Incorporation of the town of White River Organization of Rockham Independent School District Election of Boards of Education of Independent School Districts.. Of Officers of Rapid City Of Officers of Bennett County Of City Council of the City of Winner Of Bonds issued by Pennington County To reimburse counties for money paid for maintenance of insane Of incorporation of certain school districts in Corson County. Organization of Onida Independent School District. Incorporation of the town of Fulton ADVERTISEMENTS- Untrue and misleading-Penalty Authorizing Tax Levy for advertising in cities AGRICULTURAL LANDS- 122345677 School corporations may purchase ALFALFA- Appropriation for procuring seed For distribution of hardy alfalfa ANNIVERSARY- Of the Battle of Gettysburg, Commission to arrange for transportation to 12 12-13 Springfield Normal-for sewerage, electric light, etc 31 Claims for animals killed by order of the Live Stock Sanitary 34 Deficiency for burial of soldiers and sailors 35 Deficiency for conveying convicts 35 Deficiency for Commissioner of School and Public Lands 36 36 Northern Hospital for Insane-for Hospital Building 36 |