Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1861-03-14
Railroad Mortgage Relief.

ObHSI nAVitSd9S 1NSiicA A1iiiS tHSH DSl0i0 tIe
Legislature; it appears to US that this bill,
if enacted, would accomplish all that the
mortgagors have any reason to expect from
legislation, and that it would stand the test
Of the courts, while most Of the objection
able projects of the extremists are omitted
SECTION l. In any action now pending,
or which shall hereafter be commenced, in
any court In this State, to foreclose any
mortgage or enforce any instrument or
contract, made or given by any person or
persons to any railroad company, in whole
or in part payment for subscription to the
capital stock of such corporation, or given
in payment Of such capital stock, in whole
or In part, or made with or given to any
person or persons for the benefit Of such
corporation, either in payment as aforesaid,
or as security for such payment in which
an issue IF fact shall be joined, according
to the course Of practice in said court,
such issue Of fact shall, upon the demand
of either party, be tried by jury, and in
case such jury shall find that the note,
mortgage, bond, contract or other instru-
ment in writing sued on, was originally
obtained or issued through fraud, or by
| fraudulent means, the court shall have no
authority to set aside such verdict.
SEC. 2. The books, papers, records and
reports of such railroad companies, are
hereby declared to be public records, and
open to the inspection Of the maker OF
any such mortgage, note, contract, bond,
or instrument ia writing, or his agent, rep
resentative or attorney, who is hereby au-
thofized to make such examinations and
take such abstracts and memoranda there
from, as he may think proper; and in case
! Of demand inadespf the President OF Of
fcer of any such company, having the GUS
tody Of said books and records, by the
maker Of any such mortgage, note, con
/ tract, bond or other instrument in writing,
or by his agent, representative or attorney,
| to inspect and examine its records as aioIe-
said, and such officer shall refuse to permit
such examination, or shall conceal any OF
its records SO as to avoid such examination,
the maker of any such instrument sued ON,
or his representative, may recover IN dam
ares against such officer, the suil of one
hundred dollars for every such refusal or
concealment before any court having com
petent jurisdiction.
SEC g. 1t shall be the duty Of the Court
where any action IS pending to foreclose
such mortgage, or recover on such note,
contract, bond, or other instrument in
wiring, on affidavit that such examination
IS necessary for the purpose Of making q
proper defense to said action, 70 coHtinue
such action for a reasonable time, for the
purpose of making such examination, and
on affidavit Of demand for inspection, and
refusal Of the officers Of such company
to allow the same for the purposes afore-
said, the court shall proceed to compel said
! officers to surrender up their books and
records for such inspection, as in cases Of
contempt; and shall continue said action
till liberty to make the examination shall
be granted, and a reasonable time there
after shall have elapsed for the making Of
the same.
SEC. 4. ANY record, paper, beck NOM
orandum or statement in wiling, made BY
an officer, agent, director, OF employee Of
any railroad company, IN Tie due course Of
his business as such officer, agent, or en-
ployee, shall be bed and taken to be an
admission or statement BY such company,
and valid aud sufficient evidence as against
said company or person seeking to recover
upon such mortgage, instrument note,
/ bond contract, or other instrument in
writing, Of the matters and things therein
stated.
SEC. S. The Clerk or Secretary Of such
company, on demand, and tender Of his
fee at the rates Of ten cents for each folio
and twenty-five cents for his certificate,
shall give certified copy Of all such poi
tons of the records, books or papers If
said Railroad Company as may be de-
manded, and such copy duly certified to be
such. and in case Of a failure to furnish
such copy, a copy sworn to by some other
person may be produced and read on the
trial with the same effect as the original.
SEC. 6. All actions upon any note,
mortgage, bond, contract, or other instru-
ment in writing, given for the purpose
mentioned in this act, shall be bought and
tried in the county where the mortgaged
premises, or part thereof, are situated,
whether such action is brought on any
note bond, or contract, or any mortgage
given for the security Of such note, bond,
/ or contract: Provided that the person or
persons contesting the validity Of such in
strument shall have change Of venue for
| the same causes, and in ike terms as ale
now provided by law for change Of place
of trial IN civil actions in courts Of record.
SEc. Z. In any action mentioned in this
act, the plaintiff sl.al 30 required by the
court, on the application Of the defendant,
or of any one Of the defendants, to give
security for costs BY written undertaking,
TO Sc signed BIZ two freeholders and resi-
denis Of the county IN which such action
shall have been commenced, or IN which il
shall be pending on change Of venue, and
each Of such securities shall justify II twice
/ the amount mentioned ia the undertaking
over ald above al debts, liabilities aud OK
n ap.,,t;apc which nndaYf;akinu shall be In