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Witnesses. 1850 vol. I 330 (1850)

handle is hein.slavery/ssactsky0663 and id is 1 raw text is: LAWS OF KENTUCKY. 1851. tion to be held to fill the vacancy, according to law; if there be less than a year unexpired, then the county court shall convene and appoint a successor, to be commissioned by the governor, for the residue of the term. CHAPTER XXI. WITNESSES. § 1. A slave negro or Indian shall be a competent wit- Negroes and ness in a case of the commonwealth for or against a slave Indians. negro or Indian, or in a civil case to which only negroes or Indians are parties, but in no other case. This shall not be construed to exclude an Indian, in other cases, who speaks the English language, and understands the nature and ob- ligation of an oath. § 2. No person assessed, or liable to be assessed, with levies for any county, town, or corporation, or religious society, shall, by reason of such assessment or liability, be disabled from giving evidence. § 3. No such person, or any officer of a county, or cor- A party to a poration, or town, or religious society, shall be incompe- suit may be a tent to give evidence in any case, by reason of his being witness in cei- tain cases. liable for costs, when he is only a nominal party thereto, and liable to contribute to such costs only in common with other persons assessed with the levies of such county, town, religious society, or corporation. § 4. No fiduciary shall be incompetent as a witness, in any case where he has no personal interest, by reason of his being a party thereto, or of his being liable for costs; but if liable for costs, he shall not be competent, unless some person, of proper responsibility, shall undertake, on the record, to pay the same, without recourse upon him. In suits at law, either party, at the instance of his adver- sary, may be compelled to give evidence upon the trial. § 5. Except where it is otherwise expressly provided, no person who has been, or shall be, convicted of felony, any where within the United States, shall be competent as a witness in any case, unless he has been pardoned; nor shall a person convicted of perjury, or subordination of perjury, be a competent witness, although pardoned. § 6. If any person shall be disqualified to testify in any suit or action, by reason of being next friend, or of having become bail or surety for costs, or surety in an appeal, or injunction, or other bond, or other instrument or recogni- zance required to be taken, at the institution of, or during the progress of; such suit or action, he may be discharged from liability by an order of the court, so as to be sworn and examined as a witness. But before this shall be done, another sufficient bail, or surety, or next friend, shall be

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