court, may, in its discretion, commit him to the state prison, temporarily, and shall give notice of such commitment to the superintendent of the reformatory, who shall remove him to the reformatory as soon as he can be received therein. If thus committed to the state prison, copies of the above mentioned records shall be delivered to the warden, and by him forwarded to the superintendent of the reformatory when such removal is made.

formatory

ances for good

conduct ac

corded by sec

tion 4928.

trol may grant

voke same

ommendation

CREDIT FOR GOOD CONDUCT: Section 4944i. Inmates of reAllowances for good conduct in diminution of given allowthe term of sentence to convicts in the state prison given by section 4928 of these statutes or by any other statute shall be made to the inmates of the reformatory, and any good time earned in either institution by inmates transferred to the other shall be allowed him in the institution to which he has been transferred. PAROLES Section 4944j. On recommenda- Board of contion of the superintendent the state board of con- parole or retrol, may grant a parole to any inmate of the re- upon recformatory to leave the institution and go at large of superinin case the conduct of such inmate for a reasonable time has inspired the board of control and the superintendent of the reformatory with the belief that he will be honest and industrious; provided, that some suitable employment or situation has been secured in advance for such inmate. On like recommendation the board of control may, at any time before the term of commitment of any paroled inmate expires, revoke his parole, and order his return to the refor matory. Such order may be executed by, or under the direction of the superintendent of the reformatory.

tendent.

without pro

discharge in

DISCHARGED INMATES: Section 4944k. Up- Governor, on the recommendation of the superintendent cedure, may and the board of control, the governor may mates upon without the procedure required by chapter 199 recommendaof these statutes, discharge absolutely, or upon intendent and such conditions and restrictions, and under such trol. limitations as he may think proper, any inmate

tion of super

Provisions of sections 4490 to 4495 inclusive made applicable to reformatory.

Sections 4885, 4922 and 4924 extended to reformatory.

of the reformatory belonging to class one or class two aforesaid after he shall have served the minimum term of punishment prescribed by law for the offense for which he was sentenced; and any inmate belonging to class three may be so discharged without regard to his term of service in the reformatory or elsewhere. Such discharge shall have the force and effect of an absolute or conditional pardon, as the case may be.

PENALTY FOR ESCAPE: CUMULATIVE SENTENCES: Section 49441. All the provisions of section 4490 to 4495, inclusive, of these statutes are hereby extended to the Wisconsin state reformatory, and those sections shall be construed and applied as though the words "Or the Wisconsin state reformatory" immediately followed the term "state prison" in the specification or description of the offense in each section or the place of punishment therefor. The provisions of sections 4885, 4922 and 4924 are also extended to the reformatory, and the powers therein conferred upon the warden and deputy warden are hereby conferred upon the superintendent and assistant superintendent, respectively, of the reformatory. The time during which any inmate of the refor matory, who has escaped therefrom, is at large, shall not be computed as any portion of the time for which he was sentenced. Any inmate of the reformatory under sentence may be prosecuted before his discharge therefrom for any criminal offense, and if convicted thereof may be sentenced to undergo the punishment prescribed by law for such offense, to commence at the expiration of his term of imprisonment in the reformatory. If he shall be convicted of more than one offense sentences on such convictions shall be cumulative as provided in section 4733 of these statutes.

SECTION 2. This act shall take effect and be in force, from and after its passage and publication.

Approved March 18, 1899.

No. 50, S.]

[Published March 22, 1899.

CHAPTER 29.

AN ACT relating to the examination of parties before trial in civil actions and amendatory of section 4096 of the statutes of Wisconsin for the year 1898.

The people of the state of Wisconsin, represented in senale and assembly, do enact as follows:

signing of dep-
be waived by

SECTION 1. Section 4096 of the Wisconsin Reading and statutes of 1898 is hereby amended by striking osition may out the words, "such deposition, when com- stipulation. pleted, need not be read to or by or be subscribed by the party examined," and by inserting in lieu thereof the following: "Whenever a party shall be examined and his deposition taken under the provisions of this section the party taking such examination and the party examined, or their counsel, may stipulate 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 deponent 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 in 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 respects as if the deponent had read and signed the same. In all cases where the reading and signature shall not be waived, as aforesaid, the said deposition shall be read over to or by the deponent and signed by him before the officer before whom the same was taken, and the attendance of the party examined for the purpose of reading and signing said deposition may be com

Examination of parties before trial. Procedure.

sition may be taken and notice of.

pelled in the same manner as his attendance for the purpose of submitting to such examination may now be compelled by law:" so that said section when amended shall read as follows: Section 4096. No action to obtain a discovery under oath, in aid of prosecution or defense of another action, shall be allowed; but the examination of the party or, in case a private corporation be a party, the examination of the president, secretary or other principal officer or general managing agent of such corporation, or of the person who was such president, secretary, officer or agent at the time of the occurrence of the facts made the subject of the examination, otherwise than as a witness on a trial, may be taken by deposition at the instance of the adverse party in any action or proceeding, at any time after the commencement thereof and before Where depo- judgment. Such deposition shall be taken before a judge at chambers or a court commissioner on a previous notice to such party and any other adverse party or their respective attor neys of at least five days; or it may be taken without the state in the manner provided for how compelled taking other depositions. The attendance of the party to be examined may be compelled upon subpoena and the payment or tender of his fees as a witness; such examination shall be subject to the same rules as that of any other witness, but he shall not be compelled to disclose anything not relevant to the controversy. If such examination 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 general nature and object of the action, that discovery is sought to enable the party to plead and the points upon which such discovery is desired, and such examination shall be limited to the discovery of the facts relevant to such points unless the court or the presiding judge thereof, on motion and one day's notice, shall before the examination is begun, by

Attendance,

Scope of examination.

order further limit the subjects to which it 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 interrogatories. Such examinations shall not be compelled in any other county than that in which the party to be examined resides; provided, that whenever plaintiff or defendant is a non-resident of this state his deposition may be had under the provisions of this section in the county in which the action 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 relevant to the issues involved and also compel the production by him of books and papers relevant and pertinent to the issues and may enforce such answers and the production of such books and papers by contempt proceedings. Whenever a party shall be examined and his deposition taken under the provisions of this section the party taking such examination and the party stipulation. examined, or their counsel, may stipulate 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 deponent 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 in 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 respects as if the deponent had read and signed the same. In all cases where the reading and signature shall not be waived, as aforesaid, the said deposition shall be read over to or by the deponent and signed by him before the officer before whom the same was taken, and

Reading and osition may

signing of dep

be waived by