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Be it enacted by the General Assembly, that colored persons and Indians shall, if otherwise competent, and subject to the rules applicable to other persons, be admitted as witnesses in the following cases.
1. In all civil cases and proceedings of law or in equity, in which a colored person or an Indian is a party or may be directly benefitted or injured by the result.
2. In all criminal proceedings in which a colored person or an Indian is a party, or which arise out of an injury done, attempted, or threatened to the person, property or rights of a colored person or Indian, or in which it is alleged in the presentment, information or indictment, or in which the Court is of opinion, from the other evidence, that there is proble cause to believe that the offence was committed by a white person in conjunction or co-operation with a colored person or Indian.
3. The testimony of colored persons shall in all cases and proceedings, both at law and in equity, be given ore tenus and not by depostion, and in suits in equity, and in all other cases in which the deposition of the witness would regularly be