Grant County herald. [volume] (Lancaster, W.T. [i.e. Wis.]) 1843-1844, 1844-03-30
TERRITORIAL LAWS.

can act concerning justices Of the
peace" and for other purposes.
Be it enacted by the Council end
House Of Representatives ofthe Ter
ritory Of Wisconsin.
! 5 l. Every justice Of the peace
hereafter elected shall file his Official
bond with the clerk Of the district
court, and it shall not be necessary to
have the same recorded.
2. When plaintiff has given Sc
curity for costs, if judgment be render
ed for the defendant, the justice shall,
On application, enter judgment against
the security for the costs and issue ex-
ecution thereon, after the execution on
the original judgment shall be returned
unpaid as to such costs or any part
thereof.
5 8. Upon the return Of any pro-
cess, each party shall put in his plead
ings, ahd give bill of particulars of his
demands, if required by the justice or
opposite party; the justice shall then
upon the application Of either party.
without requiring cause to be shown,
adjourn the case for such time as may
be required, not exceeding one week i,
but if sufficient cause be shown on oath,
by either party, the justice shall grant
an adjournment for longer time than
one week, not exceeding, however,
ninety days. No costs shall be taxed
for the travel or attendance of any
witness in a cause on the return day of
the original process issued therein, nor
for the service of any subpoena issued
therein returnable on that day, nor for
travel in serving the same, unless an
actual trial shall be had in the cause on
such return day.
| ) 4. ANY person agprieved by any
Judgment rendered by a justice of the
peace under the act of which this is a.
mandatory, when the judgment shall
exceed fifteen dollars, may appeal by
himself or agent, to the district court
of the county where the same was rem
dered. Provided, however, that where
the claims of either party, as proved
in the cause at trial, shall exceed fifty
dollars, or the claims of both parties as
proved on the trial, shall exceed ore
hundred dollars, then either party may
appeal from such judgment, although
the recovery before the justice be less
than fifteen dollars; in which case the
fact Of such sum or sums having been
proven on the trial shall be SET forth
and certified by the justice in his re-
turn. PrOvided, also, that in all cases
where an appeal is not allowed by the
provisions of this section. it shall be
lawful for either party to remove the
cause to the district court, by writ OF
certiorari, and SO much of article
Twelfth, Of the act entitled an act con-
corning justices Of the Peace, as will be
necessary to carry the provisions of
this section into effect, is hereby retain
ed, section Ia of this act to the contra
ry notwithstanding; and in such case it
shall be the duty Of the justice to re-
turn all the testimony and proceeds
had before him: Provided, this law
shall not interfere with any actions in
cases of forclble entry and detainers.
S. No appeal shall be allowed in
any case unless the following requi-
sites are complied with within ten days
after judgment is rendered, whilst.
An affidavit shall be fled with the JUS
tice before whom the case was tried,
stating that the appeal is made in good
faith, and not for the purpose OF delay.
I'd. A recognisance entered into b" the
party appealing, his agent or attorney,
to the adverse party, 10 sum suihcient
TO secure such judgement and costs OF
appeal, must be entered into, with one
or more sureties, to be approved blythe
justice.
s No acting justice Of the peace
shall hereafter hold his office in the
same room with any practising attor-
ney, unless such attorney shall be has
partner; and in that case, such party
shall not be permitted to appear or
practice as attorney in any case tried
before him.
81, Section eight Of an act entitled
Gan act to amend an act concerning
justices of the peace" approved Janu-
airy 8, 1910, shall be so construed as to
permit the removal Of cause of trial
from a Justice but once, and no more (;
and no cause or proceeding shall be re-
moved from before any justice OF the
49, H. .nrI.oatiop fherafor