Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-04-11
Published March IA, 1851
CHAPTER 176-GEEERAL.

AN A oT to amend section two, chapter one hundred
and thirty four Of the general laws of 1858, entitled
''of evidence"
The people Of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. Section two of chapter IS4 Of the general
laws of 1858 entitled f'of evidence, is amended
as 10 read rs follows "a party to any civil action
or special proceeding In any and all courts, and be-
fore any and all tribunals, and before any and all
officers acting judicially may be examined as wit
ness on his own behalf in behalf Of any other party
In the manner and subject TO the same rules Of
exampation AS any other witness: prOUided, that the
assignor Of thing in action shall not be examined
behalf Of said party shall party TO an action be
examined in his own behalf In respect to any transsc
ton or communication had personally by said as
signor or said party, respectively with deceased
person against parties who are the executors admin
istrators, devisees, heirs at law, next Of kin or
siunees OF such deceased person, where they have
acquired title to the Of action Immediately nom
said deceased person, have been sued as such by
The executors administrators devisees, heirs at law
next Of kin or assgnees. But where such executors
admnistrato devisees, heirs at law, next OF kin
assgnees bst t0heye Seq erscut9Is, 0dnfnttr ators
deui ees, heirs at tdt0, e1t OF kan or dsstgnee shall
be examined on their own behalf In regard TO CONVEX
saton transaction bad between the deceased person
or said assgnor said party respectively, and where
the caus- of action [or a defence out of tran
sactons with an agent of the deceased. and not with
the deceased personally, and such agent be living ana
Witness then the said sssgnor or the said party may
be examined in regard to such conversation tran
saction but not in regard to any other matter: and
De f.Irtaer prouided that whenever in any action
brought by or against any executors, administrator,
devsee next Of kin, heirs at law OF assignee OF any
deceased person. witness, shall be called to estab
lish any declaration conversation, admission or tran
saction between such witness and the party prosecu
ing or defending in his own right then and ID all such
cases. such party sought TO be charged may be ex
amned in his own behalf touching such declaration,
conversation, admission or transaction, the same as
he might have DONE had the opposite party brought
or defended the action In his own right and not In
representative capacity but not in regard 20 any new
matter; hut II the testimony Of party TO the action
or proceeding has been taken and be shall afterwards
die and after his death the testimony 50 taken shall
be used upon any trial. hearing In behalf Of his ex
ecutors administrators devisees, heirs at law, next
Of kin or assgnees the other party or assgnor OF
thing ia action shall be competen. witness as TO any
and an matter to which the testimony 80 taken relates
Notwithstanding anything In this section to the con-
trary thereof
Sec. 2. Ali acts and parts OF acts contravening
the provisions of this act lis, FAR as the same are
in contraventon OF the provisions hereof are hereby
repealed.
Sec s This act shall take effect and be IN force
from and after its passage
Approved March g. 1858.