The Superior times. [volume] (Superior, Wis.) 1870-1912, 1877-04-14

ms warrant on the treasury for the sum of ten
thousand dollars, which sum, the presentation
OF such warrant to him, shall be paid by the state
treasurer to the inventor of such successful ma
cnne; pr0ctded, that money shall be paid under
the provisions of this of the act to which this
Is amendatory, unless such payment shall be ap-
proved by the governor pT0rtded furtheT that the
commissioners appointed under the provisions of
this act shall not receive any compensation for
their services, but their actual expenses incurred
while in the performance of their duties under this
act shall be paid by the state.
Section This act shall take effect and be in
force from and after its passage and Publication
Approved March g. 1877.
Published March %, 1871
CHAPTER 23S.
AN ACT relating to evidence and amendatory of
section 2, of chapter 134, of the general laws of
1858.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section l. Section 2, of chapter 1884, of the gen.
eral laws of 1858, entitled OF evidence is amend
ed so IS to read follows: party to any civil
action of special proceeding in any and all courts
and before any and all tribunals and before any
and II officers acting judically may be examined
as witness in his own behalf or in behalf of any
other party i'll the same manner and subject to the
same rules of examination as any other witness.
pr0rided that the assgnor of thing in action shall
not be examined behalf of said party, nor shall
party to an action be examined in his own behalf
In respect to any transaction or communication had
personally by said assignor said party respect
lively with deceased person against parties who
are the executors administrators deVlseS, heirs at
law, next of kin assgnees of such deceased per-
son where they have acquired title to the cause of
action from through such deceased person.
or have been sued such by the executors, ad-
mlnlstrators, devisees. next OF KIN or assignees.
but when such executors, administrators, devisees
heirs at law, next of kin assignee shall be ex-
amined on their own behalf i'll regari TO converse
tions or transactions had between the deceased
person said assignor said party respectively,
and where the cause of action or defense arose
out of transactions with agent of the de-
ceased, and not with thu deceased person
ally, and such agent be living and witness, then
the said assignor, or the said party may be exam
amined in regard to such conversation TRANSACT
ton, but not in regard to any other matter: aud
be ii further Dr0Uded, that whenever in any action
brought by or against any executor, administrator,
devisee next of kin, heirs at law sgnee of any
nsh any declaration, conversation, admission or
transactions between such witness and the party
prosecuting or defending in his own right, then |
and II all such cases such party so sought to be
charged may be examined in his own behalf touch
ing SUCH declaration, conversation, admission or
transaction the same as he might have been had
the opposite party brought or defended the action
in his own right and not in a representative ca
pacity, but not in regard to any new matter; but
If the testimony of party to the action or proceed
ing has been taken, and shall afterw wards die and
after his death the testimony TAX shall be used
tors, administrators deyiseos, heirs at law next of
kin assigpees the other party or the assignor of
a thing in action shall be competent witness as to
any and all matters to which the testimony so
taken relates, notwithstanding anything in this
section to the contrary therefore.
Section .. Chapter l76, Of the general laws of
1868, is hereby repealed.
Section g. This act shall take effect and be in
force from and after it passage and publication.
Approved March 8, 1877