Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1861-04-05

CHAPTER 80,

AN ACT concerning proceedings in Courts in
! certain cases.
The People Of the State Of Wisconsin, represent
ed IN Senate and assembly, do enact as foztaaos:
| Section /. In any action now pending, or
| which shall hereafter be commenced in any
court in this State, to forclose any mortgage or
enforce any instrument or contract, made or Civ
an by any person or persons, to any corporation,
IN W hoie or IN part payment for subscription to
the capital stock Of such corporation, given III
payment of such capital stock, in whole or in
part, or made with or given to any person or er-
sons for the benefit OF such corporation, either IN
payment as aforesaid, or as security Tor such pay
ment, in which an issue of fact shall be Joined
according to the course of practice in said court
| 1t shall be the duty of the court in which such
action is or may be pending on the application
| of either party, to appoint some suitable and
| proper person to take all the testimony to be ta-
| ken in this State, which either party may desie
to give in such action, and all such testimony
which either party may desire to use on the trial
of such action, and the person so appointed to
| take testimony, shall take such testimony and
report the same to the court, together with the
| objections to questions propounded or testimony
! taken.
Sec. 2. Upon the filing of the report of such
| testimony, either party may, upon ten days no.
| tice of motion to The opposite party, move the
court to strike out or suppress any portion or the
whole of said testimony, and the court, upon
| nearing said motion, SHALL by order, sustain or
ONerTule bne same IN WlOle or III part, ana ellneT
| party may exceptin writing to said order with
! IN twenty days after service him of written
notice thereof; which exception shall be fled
| with the clerk of the court, and served on the
| opposite party. So much of the testimony re-
ported has not been or shall not be struck out
or suppressed as aforesaid, shall be read evil
dence on the trial of said issue or issues such
| report, order and exceptions shall form a part OF
| the record of the ease. and upon any appeal ia
! ken in said action, either before after final
/ nfrroa ant on n1Vri of prrT hrOl Or tn
| verse any final Judgment in said action, the
| same shall be considered by the supreme court
! the same as if Incorporated in bill of excep-
| tions or case made.
| Sec. 8. Either party may appeal to the su-
preme court from such order, by filing with the
clerk of the court where such order made,
and serving upon the opposite party, within the
time now by law provided for such an appeal,
notice in writing, specifying the order or the
part thereof appealed from, and such appeal
| shall be a stay of all proceedings in the action
in which said appeal is taken. in the court from
which the appeal is taken, until the appeal shall
be disposed Of and certified by the supreme court
back to the court below.
Sec. 4. ANY issue or issues of fact made or
joined in any action mentioned in this act, shall,
upon demand of either party, be tried by jury,
Pr0Uided such demand shall be made before the
reading of any testimony in said action on the
| trial thereof.
Sec. 5. In any such action as is mentioned in
this act, or in any action brought to enforce any
such instrument or contract in writing asls men
toned in this act, if the defendants, or either of
them, shall set up fraud in obtaining of the
| or want of consideration, such instrument shall
be deemed primG fdcie to be held and owned by
the plaintiff in such action, if owned at all with
full notice at the time said plaintiff obtained the
same of all equities existing between the original
parties thereto, and the oath of the plaintiff
shall not be deemed sufficient proof to remove
such presumptions.
Sec. 6. In any action mentioned in this act
| = L.
against tt e plaintiff, the judgment of the ecurt
shall be accordingly, and the plaintiff shall, in
said Judgment, be ordered and directed to sur
render the mortgage and note, or other instTu-
ment or contract on which such action may he
founded. to be cancelled, and Judgment shall also
be rendered in favor of the defendant or defend--
ants, the may be, for costs and before
said plaintiff shall prosecute any appeal there
from, he shall be required to file said note and
mortage, or otker instrument or contract in wri-
ting on which said action is founded, with the
clerk of said court, and shall pay all costs ad-
judged and taxed or taXable in said action. and
no appeal by said plaintiff shall be deemed per-
fected until such filing and payment.
See. Z. The person appointed to take testimo-
ny according to the provisions of this act, shall
have power to issue subp9nas and require the
attendance o. him bef0re any officer, agent, stock
holder, or employee, of any corporation created
by the laws of this State and of any person or
persons in this State. Such subpoena shall be in
the name of the State of Wisconsin, and shall
be in the form now used in the courts of record,
except that the same need not be signed by the
clerk, nor sealed with the seal of said cou t, and
may require the production of any record, book,
paper, or memorandum belonging to any rail
road company or other corporation or which ev-
er belonged TO any such railroad company or
other corporation, and any record, paper book,
memorandum, or statement in writing, made by
an officer. agent, director or employee of any
railroad compay other corporation in the due
course OF his business as such officer, agent, d
rector, employee, shall be held and taken to be
admission or statement by such company or
corporation, and valid and sufficient evidence as
against said company or corporation or person
seein" to recover upon such mortgage. ipstru-
ment or contrast OF the matters and things
therein stated, and when the same shall have
been properly proven, copies thereof duly certi-
fed to be such by such person appo nted to take
testimony, shall be attached as exhibits to said
report and be taken and read on the trial with
| the same effect as the original: Pr0UideG, how
ever, that If any person shall neglect or refuse
to appear and testify after having been sub Tena-
ed in this act provided, orif any officer, agent,
director, or employee, of any railroad company
or other corporation. shall neglect or refuse to
permit such examination of the records, papers,
books, memoranda, or statement in writing of
such railroad com pany or other corpo ration,
by this act, is authorized and required to be made
shall fail to procure the same, such person ap
pointed to take testimony aforesaid, shall re-
port such fact to the court before which the case
may then be pending, and such person, officer
agent, director, or employee, shall be deemed and
adiudg ged guilty of a contempt of court, and in
the discretion of the court shall be punished ac-
cordingly and the court shall compel he attend
ance of such person, officer, agent, director, or
employee, before the person appointed to take
testimony in this act provided; and until such
required testimony shall have been obtained, all
further proceedings in the case shall be stayed
unless such testimony shall be waived by the
party desrous of taking the same.
Sec. 5. All actions upon any note or mort
ga ge given for the purpose mentioned in this
act STALL be brought and tried in the county
where the morJgaged premises or part thereof
are situated whether such action is brought on
anv note or contract or on any mortgage given
for the security of such note or contract. provi-
ded that the person or persons contesting the va
lidity of such Instrument shall have Grange of
venue for the same causes, and on like terms as
are now provided by law for change of place of
trial in civil actions in courts of record and pro-
vided further, that for the purpose of this act
and for carrying into effect its provisions, the
holder of any mortgage or other instrument Civ
en- for the purposes in this act specified shall be
taken and deemed to be 6 Plaintiff and sub
iect to all the provisions of this act as plaintiff.
See g. The dispositions or testimony of wit
nesses residing out of this State, may be taken on
commission as by the law provided in othercases.
Sec. 10. In any action mentioned in this act.
if final Judgment shall be for the Plaintiff such
Judgment shall include all costs ordered or tar
able against the Defendant, and such Judgment
shall be q charge and lien upon the land or other
property upon which any mortgage sought to be
foreclosed, shall have been given, out such iudc-
ment shall be a charge or lien upon no other
property The defendant shall in no case be re-
ouired to pay cost on continuances or on appeal
until after the fual Judgment in such action,