Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-03-30
TEEsEsETGE2FsE LAW.
sg.E@ Il az,
SUPPLEMENTAL TO THE ACT CoNCERNI
TESTIMONY AND DEPOsTrIONS.


shall become necessary, in an action bcfoc
Justice Of the peace, to give evidence Of
judgmsnt, or other proceedings had be-
fore him, the docket Of such judgment or
other proceedings, or a transcript thereof.
certified by him, shall be good evidence
thereof. before such justice.
Sec. 2. \ transcript from the docket Of
any justice Of the peace Of any judgment
had before him, Of the proceedings in the
ease previous to such judgment, OF the ex
ecution issued thereon, if any, and Of the
return to such execution, if any, when sub,
scribed by such justice, and verified in the
manner prescribed in the next succeeding
section, shall be evidence to prove the facts
stated in such transcript
Sec. 3. To en:itIc such transcript TO be
read in evidence in different county than
that in which the judgment was rendered,
Or The proceedings originated, there ahaIl
be attached thereto or endorsed thereon,
certificate OF the clerk Of the district court
az The same county in which such justice
resides, under the seal of said court, spe-
citying that the person subscribing such
transcript, was, at the date of the judgment
therein mentioned, justice of the peace Of
such county.
Sec. 4. The proceedings in any cause
had before Justice, not reduced to writing
hy said Justice, nor being the contents of
any paper or document produced before
said Justice, unless such paper or document
should be lost or destroyed, may be proved
By the oath of the justice. In case Of his
death or absence, they may be proved by
producing the original minutes of such
Droceedngs,e entered in book kept by such
Justice, accompanied by proof Of his hand
writing; or they may be proved by produ-
eng copies of such minutes, sworn 10 by
a competent witness, as having been COM
pared by him with the original entries, with
proof that such entries were in the hand
writing Of the justice.
Sec. ;. Whenever in any action the
plaintiffs in their declaration, or the defend
ans in their plea or notice, aver that the
plaintiffs or defendants. or third persons,
we're partners at any particular time, or
that as such partners, they and any Partl-
caar partnership, name or style under
which business was done, such averments
shall be taken to be true, unless expressly
denied by the affidavit Of the opposite party,
or some one in his behalf, within the usual
time of PLEADING.
Sec. 6. On actions against two or more
defendants upon contracts in writing, ale
geG 10 have been executed by such defend
ants as partners or otherwise, proof Of the
Joint liability Of the defendants shall not be
reGuired 10 cnttle the palntitito Judgment
unless such proof shall be rendered neces-
sary bypleading IN Abatement or the filing
pleas, denying the execution Of such wri-
ing, verified by affidavit.
Sec. :. That suits Instituted in the name
Of one for the use Of another, shall! rot
abatc by the death Of the person whose
name is used as plaintiff, but shall be pro-
secuted 10 Judgment and execution, as
though the person for whose use they may
have been Insulated was plaintiff; and per-
sons for whose use suits are prosecuted,
shall be considered as parties TO the pro-
ccodlgs so far a. to authorize judgment
against them for costs, and TO make them
liaJlq Cor all fees Of officers as though their
names were used as plaintiff, and SO far as
to allow them toproaecute appeals, wrts Of
certiorari, and writs Of error, and TO exc
cute the necessary bohds for these purpo
ses.
Sec. s. Full faith ard credit shall be gi-
ven 10 the uttcs;atons, protestationS, and
other Instruments Of publication, under seal
Of all notarics public, appointed in any
state or territory Of tho United States.
Sec. 0. On all actions brought on pro-
Anssory notes or bills Of exchange, By the
= tho possession Of the note shall
S"4o . 49, c,oo o,,..,~"e shat the same was
embossed by tho persons by "0"' II pun
ports to be endorsed.
Sec. 10. Ia all actions or proceedings al
law in civil cases. either party may give
notice to the adverse party that he wishes
to have such party sworn as witness IN
such cause; and if said adverse party shall
70: appear at the time Of trial, or shall re-
fuse to be sworn or testify, or shall fail to
take aud produce his deposition, as herein
after provided, then the party giving such
ro.,c,, if tho notice shall be deemed by the
ceur. sufficient, may himself be sworn as a
witness in such cause.
Sec. IL. If the party receiving such no.
tee shall live more than thirty miles from
the place Of trial, or shall be about TO go
out of the territory, not to return IN time
COR the trial. or is SO sick, intirm, or aged
rs 10 make il prohaol. that he will not be
able to attend at the trial, he may give no.
tee Of any such fact to tho opposite party
and that his deposition viii be taken before
some Justice Of tho peace therein named.
Said notice shat be given and the dePosi-
ton taken according to the provisions for
taking the DISPOSITIONS of witnesses under
III. circumstances. The deposition thus