The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-04-25
LAWS OF WISCONSIN.
OFFICIAL.
Published April 8, 1861
CHAPTER 72-GENERAL.

The people of the state of Wisconsin, repre-
sented in senate and assembly do enact a,
e follows: 4.l e.. - - ..--r -.-
Section l. The plaintiff in any action now
pending in any court of record, or which shall
be hereafter commenced in any such court
may take the testimony Of any witness or wit
nesses. residing out Of this state, at any time
after a suit has been commenced, and before
an issue of fact has been joined in such action
or before or after an issue of law has beer
joined therein, or at any time before the de
PENDANT in such action shall have served upon
the plaintiff an answer to the complaint there
in: PT'OUided, that before any commission shall
issue 10 take the testimony of such witness OF
witnesses, the plaintiff IN such action, or some
| one in his behalf shall file with the clerk o.
the court in which the action is pending, al
affidavit, setting forth briefly the following
| facts, to wit LIST, That an action has beer
commenced, and the nature of such action, and
that process has been served upon the defend
ants in said action personally, or pursuant tc
an order of publication duly made therein. I'd
That the witness whose testimony is desired
RESIDES out of this state, and the names, place
of residence of such witness. Sd. That the ties
timony of such witness is material and neces
sary for the party making such application, in
the prosecution Of such action.
Sec. 2. Upon filing such application with
such clerk, such party shall be entitled to have
entered in the common rule book, kept by the
clerk of the court in which the action is pend
ing, a rule thata commission issue for the eX
animation of such witness as may be named IN
said rule and affidavit, a copy of which rule
and affidavit shall be served upon the attorney
or attorneys of the defendant in such action, il
such defendant has appeared in such action by
attorney, if not, then the same shall be served
upon the defendant or defendants personally
and at the same time shall be served upon the
said defendant or his attorney, a copy of the
interos atOries to be propounded to the wit
ness intended to be examined. Within five
days after the service of said rule, affidavit,
and heterogeneous, the said defendant or de-
PENDANTS, sor his or their attorney, may serve
on the attorney of the plaintiff applying for a
commission, q copy of the crOss-nterrOgato
ries which said defendant may desire to have
propounded to the witness named in the rule
and affidavit, and which neutrality-suspicious.
shall, when received by the plaintiff attorney
be annexed to, and sent with the direct inter
rogatories, and shall be propounded to the
said witness examined with the direct inter
rogatories, or after the direct interrO9atories
have been pTopounded to said witness.
Sec 3. All laws and rules relating to the ta-
king the testimony of witnesses under com
missions, the manner of executing dispositions,
and returning the same, shall apply to depo-
sitions taken under this act so far as the same
are consistent with the provisions herein con-
tanned
Sec. 4. The testimony of all witness taken
under and in pursuance of this act, may be
read In evidence upon the trial of the case for
which the same were taken ; but this language
shall'not be so constructed as to take away
the right of the defendant to avail himself OF
any objection, lawfully made, to the compe-
tency, materiality or legality of any interrog.
atory propounded to such Witness or any an
sweT given by such witness 1r0Vided, that
such objections appear in said dispositions =
and in case the plaintiff shall be non-suitcd in
such action, or shall discontinue the same, and
another action shall be commenced for the
same cause against the same defendants, OF
against any defendant who had been a party
in the taking of the deposition. all such depo-
sltlonS lawfully taken for the first action may
be used IN the second, subject to the same con
dltlons and objections as if originally taken
for the second action: pro0jded, that the said
dispositions shall have been duly filed in the
court where the first action was pending and
shall remain in the custody ofthe court or
clerk of said court, from the termination OF
the hrst action to the commencement OF the
second action
Sec. 5. This act shall not be so construed as
to repeal any law or rule of court concerning
the rights of parties to take dispositions OF
witnesses after issue of fact Joined in a case.
Sec. 5. This act shall take effect and he in
force from and after its passage.
Approved April LIST, 1861
Published April 1, 1867
CHAPTER 63--GENERAL
AN ACT to amend section 113 of chapter 10 OF
the revised statutes, entitled ''ot highways
and bridges"
The people of the state of Wisconsin represented in
senate and assembly do enact as follows.
Section 1. Section 113 of chapter 10 of the
revised statutes, entitled 'of highways and
bridges" is hereby amended by adding there
to after the word "bridges, ''in the fourth line,
the following words, land causeways.r and
after the word 'creek,' in the fifth line,
the words swamp, or marsh, " so that the sec,
ton shall read as follows: 1.-THE supervisors
in any town in this state are hereby author
lied and empowered to levy and collect a tax
on all the taxable property of such town. for
the purpose of rebuilding and maintaing suit
able and permanent bridges and causeways
across any river stream, creek, swamp or
marsh marsh IN any such town, whenever they shall
deem it necessary for the public interest and
convenience to rebuild, repair or maintain any
such bridge or causeway: pr0Vided that no
SUCH tax shall exceed the sum of three hun
dred dollars for any bridge or causeway, and
not more than one such tax shall be levied and
collected IN any of the said towns and proyi-
ded further, that all the supervisors agree in
leyylng and assessing such tax"
Sec. .. This act shall take effect and be in
force, from and after its passage and pubiica-
ton. st1--- - Q
Approved March 20, 1867
Published April II, 1867
CHAPTER 93- GENERAL.
AIN All 10 provide for the compensation of
deputy clerks of the circuit courts in the
respective counties in this State.
The people of the State of Wisconsin repre-
sented in senate and assembly do enact as
follows:
Section 1. In addition to the fees heretofore
allowed to the clerk of the circuit court, there
shall be allowed each deputy clerk regularly
appointed as such, the sum of three dollars per
day for each day actually employed as such
cir Of
special terms of the circuit court, in each of
the organized counties of this State, wherein
such deputy shall be employed The provis.
ions of this act shall not apply to those coun-
ties in this State in which the fees and com
pensatlon are fifteen hundred dollars per year,
as now provided by law
Sec. 2 This act shall take effect and be in
force, from and after its passage and publca-
ton.
Published April 10. 1867.