The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1861-04-19

lake testimony anywhere IN this state, at
Ter giving notice as in this act provided !;
;u,d such person shall be authorized 10 re
t.uire the attendance Of witnesses IN &C
tnrdance with hi. subpoena, and TO re
guire The production OF records, books,
apers and memoranda belonging to any
l..ilroad company or other corporation,
fom any par, Of this State; and any wit
iess who shall refuse 20 obey the subpp-
III Of such person appointed to take testi-
inony under the provisions Of this act,
slaH be reported and dealt with as provi-
ed in section seven OF this act. The
erson so appointed TO take testimony
shall be authorized End empowered to adj
minister all necessary and proper oaths,
;nd any witness who, being duly sworn
hy such person, shall wilfulIy swear false
Is to any matter or thing material in the
IN the trial of said action, shall be deemed
auiIty Of perjury, and on conviction there's
al shall be punished as by law in such
cases provided. And such person ap-
pointed to take testimony, from time to
lime, and from place to place, as conve~
nence may require, on giving 10 both
Iarties reasonable notice thereof.
SEC 16 On application to the person
appointed to take testimony, as in this
ici provided by either party, it shall be
the duty Of the person so appointed TO fix
IA time aud place for taking such testimo-
~ end 10 give at least ten days notice
thereof 10 the opposite party in the action,
and in fixing the time when such testimo
ny shall be taken, he shall also allow at
least one dav for every twenty miles be
tween the residence of either party and
the place fixed for taking testimony, in al
cItion to said ten DAYS notice and in com,
putting the time above designated Sundays
,!,aIl not be counted. The person appoint
Il to take testimony in accordance Wi b
the provisions Of this act, shall be appoints
Il in all other cases mentioned in this
;.ct, which shall be pending in the same
circuit
SEC. II. The peraon taking testimony
IN accordance with the provisions Of this
act shall he entitled to demand and re-
Give therefor, ten cents per folio of one
hundred words, for all writing necessarily
lone by him in connection with his APP
pointment, and he shall also be allowed
ten cents for every mile necessarily trav-
,Ied By him in going TO the place fixed
for taking such testimony. The charges
mentioned in this section, shall all be paid
before the testimony shall be reported to
the court, unless waived by the person
appointed to take testimony.
SEC. IS. In oil actions mentioned in
this act, the palntiff shall take and pro
,lnce alI the testimony in his behalf, be
FIRE any testimony shall be required to be
taken by the defendant, but after the tes-
,imony shall have been taken by the de
fyndant, the plaintiff may give any fur
Tier testimony, tending to rebu: the tes-
iimony taken by the defendant, on new
matter, but the plaintiff shall not be al
lowed to present testimony cumulative to
that by him at first given.
SEC 10. If in any case mentioned in
this act the court shall strike out or sup
press any material testimony on tue
ground of informally, irregularity, or er
ror in taking the same, said court shall
order such testimony to be retaken and in
conformity with the requirements Of this
act.
Sec. 20. Either party to any action
mentioned in this act may appeal from
the final judgment to the Supreme Court
fy filing and serving written notice Of
appeal within four years after written 10
ice Of such judgment, which notice Of
appeal shall specify whether the whole or
hat part Of such judgment is appealed
from, and such appeal shall stay all pro
reedings in said action, except on said APP
peal until said appeal shall be finally de
zrmined and certified back to the court
'om whose judgment Tie appeal was ia
ken.
SEC. 81. If the party plaintiff shall
recover judgment in any action provided
sor in this act and any land shall be sold
f,r the purpose % obtaining satisfaction
,i such Judgment in whole or in part, no
tile shall be acquired, under or by virtue
ii such sale, so as to entite the purchaser,
~ any one claiming through or under
Linn TO the possession, or to the rents, is
sues or profits of the land thus sold until
the time for taking an appeal from final
Judgment as provided in this act shall
have expired. And all purchasers of
and sold after final judgment as aforesaid
IN any OF the cases tlltulloDe1 III tnlS ACT,
,halI be subject 10 the final decisions of
,he case on appeal or on writ Of error, and
il N any such case the judgment shall be
reversed, no rights or title shall ever ac-
.7ue or exist under or by virtue of any
such sale but all rights of such purchaser,
Or Of any person claiming under him,
hall to all intents and purposes cease and
determine from the time of the reversal
Of such judgment.
SEC % No judgment or decree shall
o rendered, or execution issued, for any
deficiency after the sale of the mcrtgaged
premises upon the foreclosure of any
such MOI tgage as is deserted in this act.
SEC %. Any defence that may be
made to any such mortgage, contract, or
instrument in writing as is mentioned in
this act, by the maker of any such mort
gage, contract, or instrument, may be
made by any and all persons having any
interest in the lands, or any part thereof,
covered or affected by any such mortgage,
contract, or instrument in writing.
SEC. "a If the holder Of any such