Year: 1861

or employee, of any railroad company or other
corporation, shall neglect or refuse to permit
such examination of the records, papers, books,
memoranda, or statements in writing Of such
rail road company or other corporation, as by
this act, is authorized and required to be made
or shall fail to produce the same, such person
appointed to take testimony as aforesaid shall
report such fact to the court before which the
case may then be pending, and such person
officer agent, director, or employee, shall be
deemed and adiudged guilty of contempt oI
court, and in the discretion Of the court shall
be punished accordingly, and the court shall
compel the attendance Of such person, officer
agent, director, or employee, before the per
son appointed to take testimony as in this act
provided; and until such required testimony
shall have been obtained, al further proceed
ings in the case shall be stayed, unless such
testimony shall be waived by the party desir-
Gus of taking the same.


SEC. g. All actions unon any note or mort
gage, given for the purpose mentioned in this
act, shah be brought aHd tried il the county
where the ln0rtgaged premises or part there
Of are situated, whether such action is br0'i
on any note contract on any mortgage
given for the security Of such n0oc orcOutrac5,
provided that the person or persons contc5tinG





change Of venue for the same causes and on
like terms are now provided by law for
change Of place of trial in civil actions in
courts Of record; and provided further, that
for the purpose Of this act, aud for carrying
into effect its provisions, the holder Of any
mortgage Or other instrument Givca for the
purposes in this act specified, shall be taken
and deemed to be Il ''Piaintiff,,' and subject to
all the provisions Of this act a. plaintiff.


SEC. 9. The dispositions or testimony OF
witnesses residing out of this STATE, may he
taken on commission as by law provided in
other cases.


SEC. 10. IN any action mentioned in this
act i final Judgment shall De for the plaintiff,
such Judgment shall include All costs ordered
or taxable against the Defendant, and such
Judgment shall be charge and lea upon the
land or other property, upon which any mort
gage sought to be f0recs5ed, shall have been
given, but such Judgment shall be charge aud
lien upon no other property. The defendant
shall in no case be required to pay cost on
c0ntinuances or Oh appeal until after the final
Judgment in such action, and in anv action
men5ion&d in this act the plaintiff shall be re-
q1lred by the court on the application Of the
Defendants, to give sccErity for costs, by writ
ten undertaking to be signed by two freehold
er< and residents of the county in which such
action snail have D-en commenced, or III which
it shall be pending on change OF Venue, and
each of such suretie5 shall justify in twice the
amount mentioned in the undertaking, over
and above al! debts, liabilities and exemptions;
which undertaking shall be in such sum as the
court shall order, not less than two hundred
and fifty dollars. And ia all eases wherein
the court Shall order the Plaintiff to give secu-
rity for costs, ali proceedings in said action in
behalf of said Plaintiff shall be stayed until
such security shall have been given and ap-
proved by the court, and until certified copy
of such undertaking, iustifcation5 and appre-
val shall have been served on the opposite
party, at least ten DAYS


SEC. II. Ii the person appointed to take
testimony as provided III this act, shall die or
tender his resignation to the court or the
Judge thereof or shall neglect or refuse to
act under such appointment, the court shall ut
any time and from time to time as the ease
may require, appoint some suitable person for
the purpose aforesaid, and such person shall
have the same powers as ii originally appoint
ed.


SEC. Il If, after the testimony shall have
been reported to the court as provided in this
act either party shall make it appear to the
satisfaction of the cOur!, that the testimony OF
any p-rsOn or persons is material TO the Issue,
and that such party, after having used rcasoua-
bic diligence has been unable to obtain such
testimony, the court shall refer it back to the
person appointed to taxi testimou, as aforo
said, Or to some other suitable person accord
ing to the provisions of this act, aud such per
son may proceed 50 take and report such tcsti-
InonY to the court as by this act provided.


Sac. Is. Ii any testimony taken according
to the provisions OF this act, shall be struck
out or suppressed by the court, the expense of
taking such testimony shall be taxed against
the party at whose instance the same was talk
en- and such expense shall be paid before fur
the proceedings shall be had on said action,
unless waived by the opposite party.


SEC. II. No action mentioned in this act
shall be tried until the testimony shall have
all been taken and reported to the court, nor
until all objections to said testimony, and all
motions to strike out or suppress testimony
shall have been finally disposed OF on appeal,
or the time for appealing from the order strik-
ing out or suppressing testimony, or refusing
to strike out and suppress the same shall have
expired, without such appeal having been ta-
ken, and all motions made in such action shall
be granted or denied, with such reasonable
costs as the court shall direct


SEC IS. Any person appointed to take tes-
timony as provided in this act, shall have pow
er, and is hereby authorized to take testimony
anywhere in this state, after giving notice as
in this act provided; and such person shall be
authorized to require the attendance of wit
nesses in accordance with his subpoena, and to
require the production of records, books, pa
pers and memoranda belonging to any railroad
company or other corporation, from any part
of this State; and any witness who shall ne
glect or refuse to obey the subpoena of such
person appointed to take testimony under the
provisions Of this act, shall be reported and
dealt with as provided in section seven of this
act. The person so appointed TO take testimo-
ny shall be authorized and empowered to ad-
minister all necessary aud proper oaths, and
any witness who being duly sworn BY such
person, shall wilfully swear falsely to any mat
ter or thing material il the trial Of said action
shall be deemed guilty of perjury, and on con
viction thereof shall be punished as by law in
! such -rrn1-ided A nd such nnrSnl