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


agent, director, or employee. shall be he'd
and taken 10 be an admission or statement
by such company or corporation, and vaii,s
and sufficient evidence as against sald
company or corporation or person seeking
to recover upon such mortgage, instrument
or CONTRACT, of the matters an,l things
therein stated, and when the same shall
have been properly proven copies thereof
duly certified 10 be such, by such person
app, inted 10 take testimony, skai be at
tached as exhibits to said report, and 10
taken ard read on tie trial, with lie sano
effect as the original: PyoUided, hoaeyet,
that if any person shall neglect or eiuse
to appear and testify after having been
subpened as in this act provided, Qr II
any officer, agent, director, or employees,
of any rail road company or other corFc.-
ration, shall neglect or refuse 10 Pe'"i!1
such examination of the records, lape.>,
books, memoranda, or statements II writ
ing OF such railroad company. or other
corporation, rs by this act, is authorized
aud required to be made or shall fal. 10
produce the same, such person appolntcd
to take testimony as aforesaid, sliali report
such fact 10 the court before which tha
case ,nay then he pending, and such person
officer, agent, director, or employee, shall
be deemed and a,ljudged guilty OF con.
tempt of cour., ami in the discretion OF the
cotrt shal be punished accordingly, and
be court 81 all compel the attendanre of
OF such person, officer, agent, director or
employee, before the person appointed to
take testimony as in this act provided; /;
and until such required testimony shall
have been obtained, all further proceedings
in The case shall he stayed, unless slch tes-
timony shall be waived by the party deslr-
ou> of taking the same.
Sec. S. Ali action upon any note or
mortgage, given for the purposes mentions
ed in this act, shall be brought and tried
in the county where the mortgaged prem
ises or a part thereof are situated, whether
such action is brought on any note or con.
tract or Oh any mortgage given tor the
security of such note or contract, provld-
ed that the person or pe;sonS contesting
the validity of such instrument, shall have
| change of venue for the same causes and
on ike terms as are now provided 10y law
for change of place Of trial, in civil actions
| in courts of record and provided further,
! that for the purpose of this act, ana for
carrying into effect its provisions, the
| holder Of any mortgage or other / stru-
nent given for the purpose in this act
specified, shall be taken aud deemed to Le
IA Plaintiff, and subject ID all the pro-
visions of this act AS plaintiff
SEC. 9. The depo>iiions or testimony
of witnesses residing out of this State, may
be taken on commission as hy law provided
in other eases.
SIC. 10. In any action mentioned III
this act, if final Judgment shall be for the
Plaintiff. such Judgment shall include all
costs ordered or taxable against the De-
fendant, and such Judgment shall be :.
charge and lieu upon the land or other
property upon which any mortgage sought
to be :orecIosed shall have bseH given,
but such judgment shall be "A cbatge aud
lieu upon no other property. Tie defend
ant shall in 10 case he lequiicd TO pay
cost on coutinuanoes or on appeal, uitnl
after the final Judgment IN such action,
and in any acton mentioned IN THIS act,
the plaintiff shall be required by the court
on the application Of the defendant, or Ut
any one Of the Defendants, 10 give securi
ty for costs, bv written undertaking to he
sigued by two fieehoiders and residents Of
The county in which such action shall have
BEEN commenced, or in which it shall be
pending on change of venue, aud each OF
such sureties shall justify in twice the
amount mentioned III the undertaking,
over and above all debts, liabilities and ex :
e. p:ions which undertaking shall be III
such sum as the court shall order, not les
than two hundred ard fifty dollars And
In all Gases wherein the court shall OrIer
the Plaintiff to give security for costs, all
proceeding il, said action in behalf Of said
Plaintiff shall be stayed until such security
shall have been given and approved by the
court, and until a certified copy OF such
undertaking, justitca,ions at,d approval
shall have been served on the opposite
{ parry at least ten days.
| SEC II. If the person appointed 10 take
testimony As provided in lhIs Act, sEal
t die or tender his resignation to the couf
or the Judge thereof or shall neglect OF
{ refuse to act under such appointment, IL,
: court shall at any time and from time to
time rs the case may require, appojn
5 some suitable person for the purpose afOre
| said, and such person shall have the same
9 powers as if originally appointed
SEC. 70 If. atier the testimony shal
$ have been reported to the court as provid
ed in this act, either party shall make il
appear to the satisfaction of The court
1 that the testimony Of any person or per
SONS is material TO the issue, and that sucl
e party, after having used reasonable d!iI
r. yence, has been unable to obtain sucl
testimony, the court shall refer it back /,
t the person appointed to take testimony a
= aforesaid or 10 some other suitable peIs0l
according to the provisions Of this nc,
1 and such person may proceed TO take an,
! report such testimony to the court as by
this act.
: SEC. 10, If any testimony taken accord
@ ing to the provisions OF tins act, shall b,
: struck out or suppressed 10y the court, th'
: expense Of taking such testimony shall b.
/ taxed against the party at ~hos 9 instanc
| the same was taken, aud such expense shal