The Superior times. [volume] (Superior, Wis.) 1870-1912, 1899-05-20

ting to such examination may now be com
PEELED by law" that said section when
amended shall read follows:
Section 1855. No action to obtain dis
covery under oath, in aid of the prosecution
or defense of another action, shall be al
lowed. but the examination Of the party or,
in case Il private cDrporatee be party, the
examination Of the president. secretary or
other principal officer or general managing
agent of such corporation, or of the pcr>Cu
VINO was such president, secretary. officer
or agent ii the time of the occurrence of
the facts made the subject Of the eXami-
nation. OtAerWlSe thaH as 4 witness on
trial. may be taken 10y deposition at the
instance of the adverse party in any action
or proceeding. mt any time after the COM
mencemeut thereof ANA before Judgment
Such deposition shall be taken before Il
judge ut chambers or q court commissioner
on Il previous notice to such party and any
other adverse party or their respective at
torneyS of at least five days. or it may be
taken without the state in the manner pro
Vlded for taking other dispositions. The at
tendance of the party to be examined may
be compelled upon subpoena and the pay
ment or tender of his fees as Il witness:
such examination shall be subject to the
same rules - that of any other witness
but he shall not be compelled to disclose
anything not relevant to the controversy
If such eXami natiOn shall be taken before
issue Joined the notice of taking the same
shall be accompanied by an affidavit of the
party his agent or attorney, stating the gen
eral nature and object of the action, that
discovery is sought to enable the party to
plead and the points upon which such dis
shall be limited to the discovery of the
facts relevant to such points unless the
court or the presiding judge thereof. on mo
ton and one day 5 notice. shall before the
examination is begun, by order further
limit the subjects To which ii shall extend
but such examination shall not preclude the
right to another examination after issue
Joined upon all the issues in the cause. and
the party examining shall, in all cases, be
allowed to examine upon oral interroGa-
tories. Such examinations shall not be com
PEELED In any other county than that in
which the party to be examined resides;
provided, that whenever plaintiff or defend
ant IS a nonresident Of this state his de
position may be had under the provisions of
this section in the county in which the ac-
tiOu is pending. if he can be personally
served with notice and subpoena in such
county. In any, examination under these
provisions the judge or commissioner before
whom the same is had may compel the
party examined to answer all questions rel
evant to the issues involved and also com
pei the production by him of books and
papers relevant and pertinent TO the issues
and may enforce such answers and the pro-
duction of such books and papers by con
tempt proceedings. Whenever Il party shall
be examined and his deposition taken I'M
der the provisions of this section the party
taking such examination and the party ex-
anlined, or their counsel may Stpulate
upon the record before the judge or court
commissioner before whom the examination
is had, that the reading of the deposition
to or by the deponcnt and his signature
thereto are waived by consent. and that the
deposition may be used with the same force
and effect as if read over and signed: and
III cases where such stipulation is made the
said examination or deposition may be used
in the action in which the same is taken
and in any other action or proceeding in
that or in any other court where it could
have been used if read over and signed,
with the same force and effect in all re-
SpeCtS II the depOnent had read and
signed the same. In all cases where the
reading ana signature shall not be waived,
as aforesaid, the said deposition shall be
read over to or by the dcponont ard signed
by him before the officer before whom the