Year: 1861

| SEC. Is. On application to the person ap-
pointed to take testimony, as in this act pro
! yded bv either party, it shall be the duty OF
! the person so appointed to fix a time and
| place for taking such testimony and to give at
! least ten days notice thereof to the opposite
party in the action, and in fixing the time
| when such testimony shall be taken, he shall


also allow at least one day for every twenty
/ nI.s between the residence of either party


and the place fixed for taking testimony, IN
/ addition to said ten days notice and i'll com
putting the time above designated Sundays


shall not be counted. The person appointed
+ to take testimony in accordance with the pro


visions of this act, shall be appointed in all
! other cases mentioned in this act which shall


be pending in the same circuit.


! SEC. II. The person taking testimony IN
accordance with the provisions Of this act


shall be entitled to demand and receive there
for, ten cents per folio Of one hundred words,


for all writing necessarily done BY him II con
nection with his appointment, and he shall al


50 be allowed ten cents for every Aiie neeos-
/ sariT travelled b. him il going to the place


fixed for taking such testimony. The charges


mentioned i'll this section, shall all be paid be-


fore tie testimony shall be reported to the


court, unless waived by the person appointed
! to take testimony.


! SEC. IS. In all actions mentioned in this


act, the plaintiff shall take and produce al the
testimony in his behalf, before any testimony
! hall be required to be taken by the defend
ant but after the testimony shall have been
taken by the defendant, the plaintiff may give
! any further testimony, tending to rebut the
testimony taken by the defendant on new


matter, but the plaintiff shall not be allowed
/ to present testimony cumulative to that by
him a first given.


SEC. l9. II in any case mentioned in this
| act the court shall strike out or suppress any


material testimony on the ground of infoGmaIi-


ty, irregularity, or error in taking the same,


said court shall order such testimony to be re-


taken and in conformity with the requirements


OF this ac5.


SEC. 20. Either party to any action men


toned in this act may appeal from the final
judgment TO the Supreme Court by fling and
serving written notice Of appeal within four


wears after written notice OF suth judgment,


which notice Of appeal shall specify whether


the whole or what part Of such Judgment is ap-
pcai@d from, and such appeal shall stay all pro-
ccedings in said action, except on said appeal
until said appeal shall be finally determined


aud certified back to the court from whose
Judgment the appeal was taken.


SEC p. If the party plaintiff should recov-
er Judgment in any action provided for in this
act and any land shall BE sold for the purpose
of obtaining satisfaction Of such Judgment, in


whole or in part no title shall be acquired, un-
der or by virtue Of such sale, so as to entltl2


the purchaser, Or any one claiming through Or


under him to the possession, to the rents,


issues profits OF the land thus sold until the
time for taking an appeal from final judgment


as provided in this act shall have expircd,-
And all purchasers of land sold after Gnal
Judgment as aforesaid il any Of the eases men


-. Il
decisions Of the case on appeal on writ Of
error, and if in any such ease the judgment
shall be reversed, no rights or tide shall ever
accrue Or exist under or by virtue of any such
sale but all rights of such purchaser, or Of any
person claiming under him, shall 10 all intents


and purposes, cease and determine from the


time Of the reversal Of such judgmcnt.


SEC -. No Judgment or decree shall be
rendered, or execution issued, tor any deEcjen-
cy after the sale OF the mortgGged promises


upon the foreclosure Of any sacit mortgage as
is described in Ghis act.


SEC %. Any defence that may be made to
any such mortgage, contract, or instrument III
writing as is mentioned in this act, by the


maker Of any such mortgage, contract or in


strument, may be made by any and all persons
having any interest in the lands, or any part
thereof covered or affected Dy any such mort
gage, contract or instrument in writing.


SEC 24. If the holder Of any such mort
gage as is referred TO in this act shall adver-
tise the mortgage promises for sale, by virtue
Of any law Of this State authorizing the fore
closure Of mortgages by advertisement, the
m0rtgagor. or any person interested IL the
mortgage premises, Or any part thereof, may
tender to the Judge of the circuit or county
court Of the county in which such premises are
situate, his petition, verified BY affidavit, stat
ing that such mortgage was given for the pur


poses mentioned in section. .oue OF this act and
that the same was obtained oy false fraud
ulent representation, Or without valuable con
! sderation, and such judge shall immediately
issue order enjOining such sale; and in such
order said judge shall direct an issue to be


made by complaint and answer between said
parties, which shall be tried by the circuit
court Of the county in which the mortgaged


premises are situate unless the venue shall be


changed as provided in this act. From the
service Of such order upon the party making
such sale, his agent or attorney, all further
proceedings upon such sale shall be stayed


until the final Determination Of the issue so


Joined. Such Issue shall be tried, heard and
determined III the manner prescribed in this
act, and the holder Of such mortgage shall be
the plaintiff in the action


SEC. 25. In all actions mentioned in this


Act, the parties shall proceed in accordance


with, and be limited to the remedies and prac-
tice prescribed by this Act


| SEC. %. No witness called in any action


mentioned in this act, shall be excused from


answering any question material to the issue,
but his testimony shall never be used against


him, in any criminal prosecution or trial.
| Sec. 81. This act shall be published imme-


diatey after its passage, and shall take effect


and be in force immediately thereafter.
| Approved, March 19, 1851.