Richland County Observer (Newspaper) - June 4, 1861, Richland Center, Wisconsin An Independent Family Newspaper to Agriculture Literature and General and Local Intelligence Republican in Politics In 6 HIGHLAND CENTER WISCONSIN TUESDAY JUNE 4 1861 NUMBER 27 T It E COUNTY OBSERVER RICHLAND IS 1 If U blS HUD TUESDAY MORNING B Y Center Co Wis One copy ono SO Ono copy months 12 00 9 HI U 01 4 IK 1 50 73 eenH 50 cents m ADVERTISING 00 Ml I 1 week iu 00 11 1 lUo Hues Curds of Hum live lines thu prices lo le mi delivery Yearly will ol ail anil will bo to imy advertised rules will be contract in instance Business Directory LAND TITLES D Son nt Notary 1 I nd Im nisi Titles lo I in IMy faxes und all relating I 65 WILSON coon lowi JOHN M Co AWYERS L Asenis Co Cobb Sc will m Mi ol ho linn ol will m Hit md rft lie All bud lo emu mil prompt vust ol Court Mouse O H WOOD M V ANALYTIC Physician and r nt I and urn in tli purlieu it can euro nil an- Consul when In not given A Y AT LAW Highland OX n of the Peace on Published March 22 1861 88 AN ACT concerning proceedings in Courts in certain cases The people of the State of Wisconsin represented in Senate and Assembly do enact cm follows Sec 1 In any action now pending or which shall after be commenced in my court in this state to foreclose any Mortgage or enforce any instrument or contract made or given by any son or persons to any corporation in whole or in part payment for tion to thc capital stock of such ration or given in payment of such capital stock in whole or in part or made with or given to any person or sons for the benefit of such tion either in payment as aforesaid or as security for such payment in which an issue of fact shall be joined to the course of practice in said court it shall be thc duty of the court in which such action is or may be pending on thc application of ther party to appoint some suitable and proper person to take all thc mony to be taken in this State which ither may desire to give in such Will to ill wild Conn j I IMS EL AM County Surveyor In nil ni Ins line Add I I Co Wis tion and all such testimony which cither party may desire to use on the Uial action and cd to take testimony shall take such testimony and report the same to the court together with the objections to propounded or testimony taken See 2 Upon the filing of tho re- port of testimony cither party may upon ten days notice of motion to the opposite party move the courc to strike out or suppress any portion or the whole of said testimony and the court upon hearing said motion Will 1 Mill A WALKER C BUNT LEY inner ol unit run i C Physician Center C ASS D PHYSICIAN IUH liii ol Lou ami e tlock Home l bhall by order sustain or the same in whole or in part and either party may except in to said der within twenty days after service on him of written notice thereof which exception shall be filed with the clerk of the court and sened on the site Bo much of the reported has not been or shall not be struck out or suppressed as Huid shall be read as evidence on the trial ot said or issues such re- port order and exceptions shall foim a I the record of the case and on which such action may founded to be cancelled and judgment shall also be rendered in favor of the defendant or defendants as the case may be lor costs and before said plaintiff shall prosecute any appeal therefrom he shall be required to file said note and mortgage or other instrument or con- tract in writing on which said action is founded with tho of said court and shall pay all costs adjudged and taxed or taxable in said action and no appeal by said plaintiff shall be ed perfected until such filing and ment Sec T The person appointed testimony according to the provisions of this act shall have power to issue subpoena and require the attendance before him of any officer agent or employee of any corporation created by the laws of this State and of any person or persons in this State Such subpoena shall bo in tho name of the State of Wisconsin and shall be in the form now used of ord except that the same need not bo signed by tho nor soiled with tho seal of said court and may require the production of any record paper book or memorandum belonging Lo any rail road company or other corporation or which ever belonged to any such rail road company or other and any record paper book dum statement in writing made by an officer agent director or employee of any rail road company or other cor- in the due course of his iness as such agent director or employee shall be held and taken to be an admission or statement by such company or corporation and and evidence as against said com- pany or or person seeking for the Plaintiff such judgment shall include all costs ordered or taxable against the defendant and such ment shall be a charge and lien upon or other property upon which any mortgage sought to be foreclosed shall have been given but such ment shall be a charge and lien upon no other property Tho defendant shall in no case be required to pay cost on continuances or on appeal until ter the final judgment in such action and in any action mentioned in this act the plaintiff shall be required by the court on the application of tho de- fendant or of any one of the ants to give security for costs by ten undertaking to Be signed by two freeholders and residents of the county in which such action shall have been commenced ov in which it shall be in said action snl at lirn lown I of Dolon VVn t re m II Or and nil ami id lo i upon writ ol to Jj MINER A A mill nt Junior Wisconsin to INK luxes nl liU final judgment in said action the shall lie by lie Court same i's it tu I in a of i i i m to i i ail such order 0 OF G T No 29 Turin fj Order ol moots In Hie Hull nl w M this invited to meet f r C II SHU n W EASTLAND II I S 11 ASK INK Contor and Counselors nt will promptly l nil i Ilium In counties 11 trusted to H II AUSTIN in Huts mid Crockery and ury I KGy J W LIE A JL All work clone to In mi Kooins in the occupied by VV II I linb MASONIC NOTICE No GO IX of P A M cations Hist mill ef month In all Center SURVEYING L Practical by filing with the clcik of thc Couit where such order was made and ing upon the opposite party within thc time now by law provided for such peal a notice in writing specifying the order 01 thc part thereof appealed from and such appeal shall be a stay of all proceedings in thc 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 thc court below Bee 4 Any issue or issues of fatt made or joined in any action ed in this act shall upon demand of either party be tried by a jury ded such demand shall be made before the reading of any testimony in said action on the trial thereof Sec 5 In any such action as is in this act or iu any action brought to any such instrument or contract in writing as is mentioned iu this act if the or either of them shall set up fraud in of the same or want of tion such instrument shall be deemed to be held and owned by to recover upon such mortgage lustra niont or of the matters and things therein stated and when thc same have been properly proven copies thereof duly to be such by such poison appointed to shall be attached as exhibits to said report and bo taken and read on the trial with the as the original Provided however that if any person shall neglect or refuse to appear and testify after having at in this act 01 if any agent directs or employee of any company or other cor- shall neglect or refuse to mit such examination of the records papers books memoranda or ments in writing of such railroad com- pany or corporation as by this act is authorized and required to be made or shall fail to produce the same buch person appointed to take ny as aforesaid shall such fact to the court which the case may then bo pending and such son officer agent employee shall be deemed and adjudged guilty of a contempt of comt and in the dis- cretion of tho court shall be punished pending on change of venue and each of such sureties shall justify in twice the amount mentioned in tho king over and above all debts ties and exemptions which shall be in such sum as the court O shall order not less than two hundred and fifty dollars And in all cases the court shall order the titl to give for coots all in said action in behalf of said Plaintiff shall be stayed until such shall have boon and proved by the court and until a fied copy of such and approval shall have been served on the opposite party at least ten days Sec 11 If the person appointed to t dec testimony as pi in this act bhall die or lender his resignation to the court or the Judge thereof or shall neglect or to act such appointment the court shall at any time and from time to time as tho case may appoint sonic ble poison for the purpose aforesaid and such poison shall have the same as if originally appointed after tho testimony to the court sworn by such person shall wilfully swear falsely to any matter or thing material in the trial of said action shall be deemed guilty of perjury and on conviction thereof shall bo ed as by law in such cases provided And such berson appointed to take timony shall have power to adjourn the time and change the place of ing said testimony from time to time and from place to place as convenience may require on giving to both parties reasonable notice thereof Sec 16 On application to the son appointed to take testimony as in act provided by either party it shall bo the duty of the person so appointed to tix 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 miles between the residence of either party and the place fixed for king testimony iu addition to said ton clays notice and in computing the time above designated Sundays shall not be counted Tho person appointed to take testimony in with the provisions of this act shall be ed in all other cases mentioned iu this act which shall be pending in the saim Sec 12 If shall have been as provided in this either party shall make it appear to thc satisfaction of thc court that thc testimony of any person or persons is material to thc suo and that such party alter having accordingly and the court shall compel the attendance of such person officer agent director or employee before the person appointed to take testimony as iu this act provided and until such required testimony shall have been ob- all further proceedings in the ease shall be stayed unless such mony shall bo waived by the party de- sirous of taking the same Sec 8 All actions upon any note or mortgage given for the purposes in this act shall be brought and tried in the county where the ed premises or a part thereof are reasonable diligence has been unable to obtain such testimony the court shall it back to the poison appointed to take testimony said or to some other suitable person accenting to the provisions of this act and such person may proceed to take and report such testimony to the as by this act provided Sec 13 If any testimony taken 001 ding to the provisions of this act shall bo out or suppressed by the court the expense of taking such testimony shall be taxed against the party at whoso instance the same was taken and such expense paid before further proceedings shall be had on said action unless waived by the opposite party Sec No action mentioned in this act shall bo tried until the testimony shall have all have been taken and re- ported to the court nor until all tions 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 fiom the order striking out or suppressing testimony or refusing to strike out or suppress the same shall have expired without such appeal having been taken and all motions made in such actions shall be granted or denied with such circuit Sec 17 The person taking ny in accordance with the provisions of this acb be en title J demand and receive therefor ten cents per foil of one hundied words for all writing necessarily done by him in connection with his appointment and he shall also be allowed ten cents for every mile nee traveled by him in going to tin place fixed for taking such testimony The charges mentioned in this section shall all bo paid before tho testimony shall be reported to tho court unles waived by the person appointed to take testimony Sec 18 In all actions mentione this act the plaintiff shall take and produce all the testimony in his behalf before any testimony shall bo required to be taken by the defendant but after the testimony shall have been taken by the defendant the Plaintiff may give any further testimony tending to die testimony taken by tho de- fendant on new matter but the tin shall not be allowed to present timony cumulative to that by him at premises upon the ure of any such is if in this act Sec 23 Any defense that may be to any such mortgage r instrument in writing as is in this act by the maker of any uch contract or instrument nay be made by any and all persons laving any interest iu the lands or any part thereof covered or affected jy any such mortgage contract ov in- strument in writing Sec 24 If the holder of any such mortgage as is referred to in this ach the mortgage premises for sale by virtue of the power of sale ed in such mortgage or lay virtue of any law of this State authorizing the foreclosure of mortgages by ment the mortgagor or any person inter- ested in the mortgage premises or any part may tender to the judge of the circuit or county of the county in which such premises arc his petition verified by affidavit stating that such mortgage was given for the purposes section one of this act and that the same was obtained by fake or fraudulent or without valuable and such judge shall issue an order enjoining such 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 mortgage premises are situate un- the venue shall be changed as vided iu this act From tie service of such order upon the party making April 16 1861 CHAPTER 239 AN ACT to for the defence of the state and to aid in enforcing the laws and maintaining the ity of the Federal Government The people of tlie State of Wisconsin represented in Senate and Assembly do enact Sec 1 In case a call shall be marie By the President of the United States all first given Sec 19 If in case mentioned in this act the court shall strike out or suppress any material testimony on the ground of informality irregularity or in taking tho same said court shall order such testimony to be retaken and in conformity with the requirements of this act Sec 20 Either action mentioned in this act may appeal from tho final judgment to the Supreme Court by filing and serving a written notice of appeal within four years ter written notice of such judgment which notice of appeal shall specify whether the whole 01 what part of such j is appealed from such appeal all proceedings iu said action such sale his agent or attorney further proceedings upon such sale shall be stayed until the final nation of the issue so joined Such issue shall be tried heard and mined in the manner prescribed in this act and the holder of such mortgage shall bo 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 practice prescribed by f this act Sec No witness called in any action mentioned in this act shall be from answering any question material to the issue but his ny shall never be used against him in any prosecution or trial Sec 27 This act shall be published immediately after its passage and shall take effect and be in force ly Approved March 19 April 16 CHAPTER 274 AN ACT to allow the party defendent to testify in his own behalf in tain criminal actions The people of the State of Wisconsin resented in Senate and do enact as follows SECTION 1 In all trials in criminal actions in which party defendant on this State to aid in maintaining the Union and the supremacy of the laws or to suppress in surrection or to repel invasion within the United States the G oven or is hereby and it shall be his duty to take such measures as in his judgment shall provide in the speediest and most cient manner for responding to sudi call and to this end he is to accept the sendee of volunteers for active service to enrolled in nies of not less than men each rank and file and in regiments of ten companies each and to commission the officers for the same 2 Whenever such call for troops shall be made by the President of the United States the <3-oveuor is hereby authorized to contract witk re- sponsible parties for uniforms for of the volunteers as are not provided therewith and for such other ments as are necessary and proper for putting companies for active service Sec 3 The one hundred thousand dollars or so much thereof as may be necessary is hereby ted out of any money in the treasury not otherwise appropriated for the pose of carrying into effect the ions of this act and to defray the ex- pense of transporting troops arms and munitions of war and the same be drawn from the on the rant of the Governor accompanied by vouchers for each item of expenditure which shall be audited by the ry of State Sec 4 In case the foregoing con- shall arise and the President of the States shall call upon the Governor for volunteers as section one of this act the ernor may cause to be prepared s charged with having committed an assault or an assault and battery such party defendant shall have the right and be permitted to be examined as a witness in his own behalf in all cases i witness in ms own except on said appeal until said appeal the T -i i in which the person upon wnom mo shall be finally determined and certified j m 1 back to the court from whose assault ment tho appeal was taken Sec 21 If thc party plaintiff shall to have been committed shall be ex- as a witness on the part of the recover judgment in any action prosecution ded for iu this act and any land shall ated whether such action is brought I costs as tho Court shall di- 011 any note or contract or given for the security of such A C EASTLAND ATTORNEY nt nml li of tho mid the plaintiff in such action if owned at all with full notice at the said plaintiff obtained thc same of all existing between the original Sec 15 Any person appointed to note or provided that tho take testimony as provided in this act son or persons contesting the validity shall have power and is hereby of such instrument shall have change wed to take testimony anywhere in this be sold for tho purpose of obtaining satisfaction of such judgment in whole or in part no title shall be acquired under or by virtue of such sale so as Sec 2 On tho trial of any action founded on a complaint for an assault or an assault and battery in which trial the person upon whom the assault and battery is alleged to have been committed shall be examined as part of the witli Ur U II Wood parties thereto and the oath of the UNION HOUSE AHOSKIN Center n conveyed of the country on terras WILLIAM FA KLIN plaintiff shall not lie deemed cient proof to remove such tion Sec 3 In any action mentioned iu this act if the issue or issues shall Counselor ol Liw I n against the tiff the judgment of the court shall bo shall in said judgment be ordered and di- to surrender the mortgage and at tho A TEW BLEB and Watch Mi of venue for the same causes and on like terms as are now provided by law for change of place of trial in civil no- tions in courts of record and ed further that for the purpose act arid for carrying into effect its f the holder of any mortgage or other given for tho purposes in this act specified shall be taken and doomed to bo a and sub- ject to all tho provisions of this act plain tiff t Sec 9 Thc depositions of ny of witnesses residing out of this State may be taken on commission as by law provided in other eases Sec 10 In any action mentioned in ranted note or other instrument or contract in this act if final shall be SUite after giving notice as in this act provided and such person shall be authorized to the attendance of witnesses in accordance with his sub- poena and to require the production of records books papers and memoranda belonging to any rail road company or other corporation fiom any part of this State and any witness who shall lect or refuse to obey the of such person appointed to take ny under the provisions of this act shall be reported and dealt with as vided in section seven of this act The person so appointed to take testimony shall be authorized and empowered to ail necessary and proper oaths and any witness who being duly to entitle thc purchaser or any one claiming through or under him to the or to the rents issues or blu n i i fits of He land thus sold until the or if said action be tried by a jury Sne for taking an appeal from final then for said jury to find either the de- as provided In this act shall fondant in such or the person expired And all purchasers of upon whom the assault is a to been committed or both as the testimony shall warrant guilty of an assault or assault and battery as the case may and thc Justice before whom such trials shall be had shall render j against the person 01 persons so found guilty Sec 3 Any person against whom judgment shall be rendered under the provisions of this act shall have the right of appeal and upon the trial o such appeal either party or both par ties may be sworn upon said trial ano judgment shall be rendered in dance with the provisions of act Approved April 13 1861 land sold after final judgment as said in any of the cases mentioned in this act bhall be subject to thc final decisions of thc case on appeal or on writ of error and if any such case the judgment be reversed no rights or title shall ever accrue or exist under or by virtue of any such sale but all Bonds with coupons attached of the State of Wisconsin for the sum of one thousand dollars each to the number of one hundred prodded That amount shall be required for the said and shall execute the same as the Executive of the State for and on half of the State and cause the Seal of the State to be affixed thereto Said bonds to be made payable at the Bank of North in the city of New York ten years from and after the first day of January A D 1862 redeemable five years from the said first day of January 1862 in case the State of Wisconsin shall so elect with interest at the rate of tum per annum payable at the said Bank of North America on the first day of January and July in each year Provided That said shall not be sold at a price below their par value Sec 5 The bonds and coupons when so executed the Governor may at any time when required by the contingency provided for by the of this act and the money ng from the sale of all suab bonds hall be deposited with the treasurer of he Suite and be applied by him for he purposes specified in this act and or no other purpose whatever Sec 6 In case any portion of under thc ons of this act an annual tax shall be nd hereby is levied upon the taxable property of the state from year to year sufficient to pay the interest on such jonds to be collected in addition to and with the state tax levied annually to provide for the current expenses of the state and the proceeds said tax is hereby appropriated ally to pay the interest on thc said rights of such purchaser or ot any person claiming under him shall to all intents and purposes cease and mine from the time of the reversal of such Sec 22 No judg mentor decree shall be rendered or execution issued for any after the sale of the bonds See 7 This act shall take effect and be m force from after passage Approved April 13 1861 A writer for tlie New Orleans Picayune ventilates Tiis upon Gen Butler and the Massachusetts troops as All the Massachusetts troops now in are negroes with the exception of two or three drummer boys Gen Butler in command is a native of Liberia Our readers may recollect Old kept a small shop in and emigrated to Liberia with a small competence is his
