The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-04-04


instruments shall have change of yendue for the
and like terms as are now provided by law for
change place of trial in civil actions in courts of
ord and provided further that for the purpose OF this
act and for carrying into effect its provisions the holder
Of any mortgage other instrument given for the puT
poses in this actspecifei, shall be taken aud deemed to
be "Plan and subject to all the provisions OF this
act as pl -intif.
SIC O. The deposition or testimony of witnesses resi-
ding out OF this state may be taken commission by
law provided in other cases.
SEC 49, In any action mentioned in this act, if final
judgment Ehall be for the Plaintiff such judgment shall
include all costs ordered taxable against the defend
ant and such judgment shall be charge and lien upon
Che land or other property upon which any mortgage
sought to be orecossd shall have been gYen but such
judgment shall be charge and lien upon no. other prop
erty. The defendant shall in be required pay
cost cOntinuauoeB appeal, until after the final
judgment in such action, and in any action mentioned
in this act the plaintiff shall be required by the Cours
on the application Of the Defend Mt or any one Of the
Defendants to give security for by written under
taking to be signed by two reeholders and residents of
the county in which such action shall have been COM
menced, IN whichit shall be pending change of We
nue. ana each Of such sureues sha justify IN twice the
amount mentioned in the undertaking, and above
all debts liabilities and exemptions, which undertaking
shall be in such sums as the court shall order not less
than two hundred and fifty dollars Andin all cases
wherein the court shall order the plaintiff 10 give
rity for costs Il proceedings in said action in behalf of
said plaintiff shall be stayed until snch security shall
have been given and approved by the court and until
certified copy ofsuch undertaking Qualifications and ap
prevail shall have been served on the opposite party, at
least ten days.
II. If the person appointed take testimony as
to the court or the Judge thereof or shall neglect
fuse to set under such appointment, the court shall at
any time and from time to time as the case may acquire,
appoint suitable person for the purpose aforesaid
ana such person shall have the same power as if orgi
naly appointed.
SIC il IT. after the testimony shall have been report-
ed TO the court provided in this act, either party shall
make il oppear the satisfaction Of the shat the
mony any person or persons is material 10 the is
and that such party, after having used reasonable
diligence has been unable to obtain such testimony
court shall refer it back TO the person appointed take
testimony As aforesaid orto other suitable person
according TO the provisions OIL TINS act and such person
may proceed take and report such testimony to the
court Us by this act provided.
SIC. Is. II any testimony taken according TO the pro-
visions of this act, shall be struck out suppressed by
the court the expenses Of taking such testimony shall be
taxed against the party at whose instance the
taken and such expense shall be paid before farther
ceedngs shan be had on said action, unless waived by
SIC IA No action mentioned in this act shan be tried
until the testimony shall have all been taken and report
ed tosthe courtnor until all bectcns to saidtestmony
and all motions 10 strike out suppress testimony shall
la been finally disposed of on appeal the time for
appealing from the order striking suppresspg tes
tfI : 80 ,;rad7 rtfd--' 80 I P t,3 ls sane
taken and amotions made in such action grant
ed odeniedwh unreasonable costs as the court shall
direct.
SEC IS. Any person appointed to take testimony as
provided in this act shall have power and is heGeby
thOriZed to take testimony anywhere IN this State after
giving notice in this act provided and person
shall be auorzedtto require the attendance ofwitness-
accordance with his subpoena, 10 require the
production of books, papers md memoranda belonging
any railroad Company other corpratio from any
part this State aud any witness who shall neglect or
obey the subpoena of such person appointed to
take testimony under the provisions of this act shall be
reported and dealt with as provided in section eff
this The person appointed to take testimony shall
be authorized and empowered to administer all necessary
and proper oalhs, ana any witness who, being duly
sworn by such person, shall wfuly falsely to any
matter or thing material in the trial of said action, shall
be deemed guilty of perjury and conviction thereof
shall be punished by law in such provided And
such person appointed to take testimony, shall have
power adjourn the time and change the place Of ia
king said testimony from time to time and from place
to place. convenience may require giving to both
parties reasonable notice thereof.
SEC &c. On application to the person appointed to take
testimony, this act PROVIDED, by either party it
shall be the duty OF the person appointed to fix
time and place for taking such testimony and to give at
least days notice thereof TO the opposite party in the
action and in fixing the time wheR such testimony
shall be taken, he shall also allow at least day for
every twenty miles between the residence Of either par
ty and the place fixed for taking testimony addition
to said ten days notice and in computing the time above
des ignated Sundays shall not be counted The person
appointed to take testimony in accordance with the pro-
visions OF this act, shall be appointed in all other cases
mentioned IL this act which shallbe pending in the same
circuit
SEC. H. The person taking the testimony in accor
demand receive the refor cents per folio of one
hundred words ali writing necessarily done BY hin
in connection with his appointment, and he shall also
be allowed cents fer every mile necessarily Travelled
by him in going to the place fixed for taking test-
m0Dy. The charges mentioned in this section, shall Il
he paid before the testimony shall be reported to the
court unless waived 10y the person appointed 10 take
testimony.
SEQ IS In all actions mentioned in this act the plain
tit shall take and produce all the testimony in his behalf
before any testimony shall be required be taken by
the defendant, but after the testimony shall have been
taken by the defendant, the paints nay give any fur
Their testimony tending 10 rebut the testimony taken by
She deter MT matter, but the plaintiff shan not
be ao"td 10 present testimony cumulative to that by
AIl hrst given.
SIC. 10 II il any mentioned in this act the court
Snail str lie n or suppress any material testimony on
II informally, tFrlkufaritY, or error in ak
ing the same tie shall oI1er such testimony to be
reake-, md IA COMO my with tie requirements this
act.
SEC co. Either party to any action mentioned in this
act may appeal from the final Judgment to the Supreme
CoETs by hhng and serving written notice Of appeal
within four years after written notice OF such judp-
meDt, which notice Of appeal shall specify whether the
whole what part ofsuch judgment is appealed from
and such appeal shall stay all procsedngsa said action
except on sadappeal until said appeal shall be finally
determined and certded ba ok to lie court from boss
judgment the appeal was taken.
SEC q. Ifthe party plaintiff shall recover judgment
in any action provided for in this act and any land shall
be sold for The purpose Of obtaining satisfaction Of such
judgment, in whole in part shall be acquired
under or by virtue Of such sale, ente the par
chaser any claiming through under him to the
or 70 the rents issues or profits Of the land
thus sold until the time OF taking appeal from final
Judgment provided in this act shan have expired
And all purchasers ofIand sold after such fUal judy
men aforesaid in any Of the mentioned in this
act shall be subject TO the final decisions Of She case on
appeal writ of error and If in any such case tbe
Judgment shall be reversed rights title SHAH ever
accrue exist under by virtue Of any such sale but
all rights OF such purchaser or Of airy person claiming
determine from the time Of the reversal Of such jEGg
uent.
SEC. q. No judgment or decree shall be rendered or
execution Issued for any deficiency after the sale Of the
morgaged premises upon the foreclosure OF any such
mortgage as is described in this act
SEC. o. Any defence that may be made to any such
mortgage contract instrument in writing as is en-
toned in s act, BY the maker Of any such mortgage
contract or instrument writing is ed in this
act ~ the maker Of any such mortgage, contract
srunenf, may be made by any and all persons having
any interest in the lands any part thereof covered
or affected by any such mortgage, contract or ngtr
1nent in writing.
SIC a. II the holder Of any such mortgage as is re-
ferred to in this act shall advertise the ortgaged prem
ises for sale By virtue Of the power OF sale contained Ia
such gage or by virtue Of any law Of this State au
horzDg the foreclosure Ct mortgages by advertisements
tie morgsgoT, any person interested in the mortgage
premises, or ay part thereof may tender to the judge
Of the circuit county court Of the county in which sch
premises situate, ais petition, verified by affidavit
stating that such mortgage vas given for the purposes
mentioned ia section ofthis act and that the same
was Oh aimed by false or fraudulent Representations,
without valuable consideration and such Judge shall i'm
nediatey issue an order epjoining such and ia
such order said judge shall direct issue be made
~ complaint and answer between said parties which
shall be tried by the circuit court Of the county Ia which
The srtgaged premises situate unless the Vendue
shan be changed provided in this act. From the
vice CT such order upon the party making such SALE his
agent attorney, all further pTccee upon such sale
shall be stad until the final determination Of the issue
joined such issue shall be tried heard ana deter
mined IN the manner prescribed in this act and the
holder CT such mortgage shall be the plaintiff ia tie
ion.
SEC IS In all actions mentioned in this Act the mar
les shall proceed 10 accordance wth,and be limited to
he remedies and practice prescribed by this Act.
SIC % NO witness called in aay action mentioned in
his act, shall be excused from answering any question
material to the issue but his testimony shall never be
lsed against hR in any criminal prosecution trial
p Ihs Act shall be published Immediately after
u 5sagsi and shall take effect and be in force mme
ltatelV thereafter.