Year: 1861

1he peopte or fhe STATE OF UfSrOHsin |
represented in Senate ard assembly, do, |
enact as tollo,rs::


SEC. 1. In any action now pending or
which shall hereafter be commenced in
any court in this State, to foreclose any
mortgage, or enforce any instrument or
contract made or given by any person or
persons, to any corporation, in whole or
in part payment for subscription to the
capital stock Of such corporation, or given
in payment Of such capital stock, N whole
or in part, or made wi b or given to any
person or persons for the benefit of such
corporation. either in payment AS aforesaid
or AS security for such payment, in which
al issue of Of fact shall be joined accord
ing to the course of practice in sale court
it shall be the duty of the court III which
such action is Or may be pending, Oh the
application of either party. TO appoint
some suitable and proper person to take
all the testimony to be taken in this State
which either party may desire to give IN
such action, and all such testimony which
either party may desire to use on the trial
Of such action, and the person so appoint
ell to take testimony, shall take such tes
timony and report the same 10 the court,
together with the objections to questions
pl plopounded or testimony taken


SEC. 2. Upon the filing of the report
Of such testimony, either party may, upon
ten days notice of motion to the opposite
party, move the court to strike out or sup
press any portion or the whole Of said
testimony, and the court, upon hearing
said motion, shall, by order, sustain or
ouerrule the same, in whole or in part,
and either may except in writing to said
order, within twenty days after service On
him Of written notice thereof; which ex
ception shall be filed with the clerk Of the
court, and served on the opposite party
So much of the testimony reported as has
not been or shall not be struck out or sup
pressed as aforesaid, shall be read as evi-
dence on the trial of said issue or issues !;
such report, order and exceptions shall
form part of the record of the case, and
upon any appeal taken in said action.
either before or after final judgment, or
upon writ of error brought to reverse any
final judgment in said action, the same
shall he considered by the supreme court
the same as if corporated in a bill of eXcep
tions or case made.


SEC. 3. Either party may appeal to the
supreme court from such order, by fling
with the clelk of the court where such or
der was made, and serving upon the op>
posite party, within the time now by law
provided for such appeal, notice in
writing, specifying the order or the part
thereof appealed from, and such appeal
shall be stay Of all proceedings in the
action in which said appeal is taken. in the
| court from which the appeal is taken,
until the appeal shall be disposed of and
certified BY the supreme court back TO the
court below.


SEC. 4 Any issue or issues of fact made
or joined ia any action mentioned in this
act, shall, upon demand Of either party.
| be tried by jury, Prorided such demand
! shall be made before The reading of any
testimony in said action on the trial there
! of


Sec. 5. In any such action as is men
toned in this act, or in any action brought
to enforce any such instrument or contract
in writing as is mentioned in this act, i
the defendants, or either Of them, sha
set up fraud in obtaining Of the same, ol
want OF consideration, such instrument
shall be deemed pr,ma tccie to be held ant
owned by the plaintiff in such action, i
owned at all with full notice al the tim,
said plaintiff obtained the same of all equi
ties existing between the original parties
thereto, and the oath Of the plaintiff shal
not be deemed sufficient proof to remove
such presumption.


SEC. In any action mentioned in thi
act if the issue or issues shall, upon trial
be found against the plaintiff, the judg
ment of the court shall be accordingly ,anC


The plaintiff shall, in said judgment, b
ordered and directed 10 surrender th
mortgage and note, or other instrument o
contract on which such action may b.
founded, to be cancelled, and jndgmen
shall also be rendered in favor Of the de
fendant or defendants, as the case may be
for costs and before said plaintiff shat
prosecute any appeal thereirom, he shall
bs required to file said note and mortgage
or other instrument or contract in wrliin.
on which said action is founded, with th
clerk of laid court, and shall pay all cost,


adjudged and taxed or taxable in said ac
ton, and no appeal by said plaintiff shal
be deemed perfected until such filing ant
payment.


SEC. 7. The person appointed to tax
testimony according to the provisions 0
: this act, shall have power to issue subpu
mas ard require the attendance before hin
Of any officer, agent, s,ockholder. or EN-
ployee, of any corporation createl by til,
laws of this State. and of any person or per
sons in this State. Such subpoena shal
be in the name of the State of Wisconsin
and shall be in the form now used II
courts of record, except that the sam
need not be signed by the clerk, nor seal
ed with the seal of said court, and ma


require the production Of any record, pap
er, book, or memorandum belonging t.
any rail road company or other corpora
ton, or which ever belonged to any sucl
rail road company or other corporation
and any record, paper, book, memorandum
or statement Ia writing, made by an officer
agent, director, or employee Of any raj