Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1861-04-16

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iofce any such Instrument CT contract in writ
Ins, rs i mentioned IN this act. 4 the defend
An Is or eIfiler of them. shall set NJ fraud IN
obtaining OF the same,or want of consideration
such instrument shall be dee med y,riasa fccis
10 be held and owned bs the t-la5ntiff in $50
action, # owned a all with f,.ll notice al the
time said laiutiT obtained tie same of oU
equities existing between the original parties
thereto, and tie oath Of the plaintiff shall not
be deemed sufficient proof 10 remove such
presumption.
SIC. o. In any action mentioned in this
ac'' Il '"e issue or issues shall upon trial he
found against the plaintiff the iudvn,er. ,f
the court shall be accordingly. and lie t,r.;,,
TN shall. IN SAID Judgment. he ordered and
directed 10 surrender the MORTGAGE and -,-.
{ or other instrument or contract on which
s"ch action may founded. 70 be cancelled. and
Judgment shall also be rendered in favor Of
the defendant or DEFENDANTS a the case may
be, for COSTS and hef,-,. sali ,IafntifF st~fI
pEusrcnie any appeal the -yfrou. he shall be
required 10 Ge sad note and mortgage or
other instrument ~ coatrac; in wiring on
which sud action if founded. with the clerk
of e''id court, and shall pay all costs adiudged
aHd = Ned or taxable ia SAID action. aud no
appea! by SAID plaintiff shall be deemed per
/ lecteu un'il such filing and payment.
SEC The persons appointed 70 take les
umony Accord TO the provisions of thi, act.
-hatI nave power tn Issue Subu,rnas and re-
qHIfe The Attendance before him or any Off
Ger, agent, stakeholder, or employee. ot any
corporation created by the laws OF this state
HHd o. any Person or persons iu this stale
such subpoena shall be in ihc name of the
+ state al " IScoHsin, and shall be IN the form
! now used M courts of record except that the
Sahie need hot be .IEned by the clerk nor
''4ed Viii The seal of said court and may
! require The production of any record. paper
! book' or memorandum be longing 20 any raiI
! road company or other corporation. or which
ever belonged to any such railroad COMPANY
I or other corporation aud any record manor
h''h "i memorandum. or sta cement IN WI
ing maize toy an officer. agent director or
employee of any raj ynad corupany or n,be-
corporation, IN the due course OF his business
~ >uc'' oihceiS. agent, director, or employee
snail be held and taken TO be adm i-sfrr 10 ar
statement by such company ~ eo-r,-,,;,,,,
I amt wand aud sufficient evidence a .-.i,s,
saiH company or corporation or person seek
ing 10 recover upon such mortgage instru-
Weut or contract. Of the matters and th,,,,s
! therein stated and when the same shall have
/ been property proven c pies thereof dplv Ger
tined TO be such, by such person appointed
10 take testimony shall be attached as exhib-
ITS tu SAID report, and be taken and read ON
ihe trial with the sane effect aS the orrf-iuaI
ro'lded however. THAI # any pefSot, shall
neglect or refuse 90 appear and testify after
having been ~uhPned as an Tins act provid-
Ell, or II any officer. t-rnt. director or en-
ployee. of any railroad company or other COR
Vorallon, shall uegleoc or refuse to I,ef0,jt
such examination Of the records. t,De-s
books. memoranda or statements in vr;,i,..
OF such rali road company or other COR. ma
tluu. as by thi> act, $ arthp riz,.d AND rco,,i--
cd 10 be made or shall fail 10 p-,,lnc.i thn
same. such person appointed to ,eLc .esri,,n-
Nv aS aforesaid. shall report Srel fac: 10 The.
court before which the case may the, ha
pending, and such person officer. AGENT. di-
rector. or employee. shall be deemed and al
Judged guilty Of a conte1 y, Of court. ana in
the discretion of The court shall be punished
ecorf,ngly. and the court shall compel the
attendance 81 such person officer. agent di-
rector, or employee before the person arrns1-
TED 10 lake testimony rs 10 this act provided.
and until such required testimony shall have
been obtained, all further pr,ccediu,. in the
case shall toe saved, unless such testimony
shall be waived lay the party DESTROYS o. TAX
i"g the same
SEC. ; All actions upon any note or mort
gage gIyen for the purposes mentioned in
TINS act, shall be brought and tried IN tie
county where the mortgaEed premises or a
laF' I"tFe"' are situated, whether such ac-
ZION i uF"u5ht "n any uote or Contract OF ON
aHy mortgage given for the security o. Srch .
note or contract. provided ria; the person or
persons c'uies ing the validity uf such ln.
Strument. shall have charge Of venue for tie
sam causes and on like terms as are now
PROVIDED 10y law for change Of place Of trial
III civil! actions In courts of record =. and orn-
vldeI further that for 10 ,,,,-,,,,s., 80 .t5'.