River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1877-04-19
Published March %, 1877. I
CuADTEp 600

AN ACT relating to evidence and amendhtory
OF section ?, OF chapter lSi, OF The general
laws OF 1853.
The people of the State OF Wisconsin, repre-
sented in Senate and Assembly, do enact as
follows:
Section l. Section 2, of chapter 1871, of the
general laws OF 1858, entitled "of evidence"
Is amended so as to read a. follows: A party
to any civil action or special proceeding in
any and all courts and before any and all tri-
bunals, and before any and all officers acting
judicially, may be examined as witness in
his own behalf, or in behalf OF any other party
in the same manner and subject to the same
rules OF examination IS any other witness
provided, that the assiguOr OF a thing IN ac-
ton shall not be examined on behalf OF said
party, nor shall party to an action be exam
ined in his own behalf IN respect to any trans
action or communication had personally by
said a.signor or said party respectively with
deceased person against parties who are the
executors, administrators, devisees, heirs at
law, next OF kin or assiguees Of such deceased
person where they have acquired title 10 the
cause OF action from or through such deceased
person, or have been sued as such bv the ex-
ecutors, administrators, devisees, next ot kin
or sssignees, but when such executors, ad-
ministratOrs devisees, heirs at law, next Ut
kin or asSiguees shall be examined on their
own behalf in regard 10 conversations or trans
actions had between the deceased person or
sAlu ASSlBIlOf OF Salu respectively, anu
where the cause OF action or defense arose out
OF trans actions with an agent OF the deceased,
and not with the deceased personally, and
such agent be living and a witness, then the
said assiSnOr, CT the said party, may be exam
med in regard 10 such conversation or trans
action, but not in regard to any other matter
and be II further provided, that whenever II
any action brought by or against any execu-
/ tor, administrator, deylsee, next OF kin, heirs
/ AZ law or assignee OF any deceased person, a
/ witness shall be called TO establish any dec
/ laration, conversation, admission or transac-
I tiOns between such witness and the party
prosecuting or defending in bis own right,
/ then and in all such cases such party 50
sought to lie charged may be examined in his
/ own behalf touching such declaration, CONVEX
| satiOn, admission or transaction the same az
/ he might have been had the opposite party
| brought or defended the action in his own
I right, and not in representative capacity
| but not in regard TO any new matter; but i
| the testimony OF party to the action or pro-
ceeding has been taken, and shall afterwards
die, and alter his death the testimony so Ia
ken shall be used upon any trial or hearins
in behalf of his executors, administrators
deyisees, heirs at law, next of kin or asslgnees
the other party or the assgnOr OF thing il
action, shall be a competent witness as to any
and all matters to which the testimony 81
taken relates, notwithstanding anything il
this section to the contrary therefore.
Section .. Chapter l76, OF the general lawI
/ OF 1868. is hereby repealed.
| Section 3. This act shall take effect and bt
! in force from and after its passage and publ
I cation.
/ Approved March 8, 1877