Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1849-06-29
Laws of Wisconsin.

! for judicial purposes, a county court for such
county which shall be held at the county seat
| thereof for the transaction OF all business that
may lawfully come before it. The qualified
electors Of each county, shall, on the first Mon
day Of September, l649. and once in every
four years thereafter, elect a suitable person
10 the office of judge of said county, who shall
be called the county Judge, and hold his office
| for four years form the first day of January
| thereafter and until his successor is elected
and qualified to serve in his pllce.
| Sec. 2. The county court shall be a court
| of record, with clerk and seal, and shall have
original jurisdiction concurrently with the
| circuit court TO try and determine, according
to law, all civil actions arising within the coun-
! ~ for which such courts shall be held and all
| transitory actions, although the same may not
| have arisen within the county, where the
| debt or damages demanded do not exceed the
| sum of FIVE hundred dollars, texceptng nc
| tions of ejectment) and exclusive appellate ju-
| risdiction of all cases OF appeal and certiorar
| from justices of the peace; such courts shall
also have power and authority TO enter judg
ments by confession and to grant new trials,
and by the consent OF parties, 10 try any civil
actions without limitation as to the amount.
Sec. g. Such court shall have the power
and jurisdiction now by law conferred on judy
es of probate, and shall perform all of the du-
ties of judge of probate, in the manner provi-
ded by law, and wherever the words "judge
of probate" occur in any of the laws of this
state it shall be taken and construed to mean
! Judge of the county court"
Sec. q. From and after the last day of De-
cember, A. d. l849, the office of Judge of
| probate shall be abolished, and the judges of
! probate of the several counties Of this state
shall be and hereby are required to deliver O.
vel to the judges of the county court of their
respective counties, on the first day of Jauu-
airy, A. ID. $780, all books, records, and pa
pers belonging to their said office: and the
said judges of the county court from and af
ter tina. day, shall be invested with full and
exclusive probate powers.
Sec. 5. The county courts shall have full
! power and authority to issue all legal process
| ses, proper and necessary to carry into effect
! the jurisdiction given them by law, and to car
ry out such jurisdiction shall have and exer-
else all the powers usually possessed by courts
Of record, under the common law, under the
limitations aud regulations imposed by statute.
Sec. 6. The county court shall be held IN
each OF the counties OF this state, at the coun-
ty seat thereof, on the first Monoay of every
! month, Except when the circuit court of said
county shall be in SESSION. aud shall continue
from day to day the judge thereof may find
4 necessary, convenient for The transaction
of business but no notice of tho holding of
such court shall be necessary IN any case, eX-
cept such as is given by the process of the
court, or the continuance of the cause.
Sec. z. Each judge of the county court
before entering upon the duties Of his office,
shall take and subscribe an oath to support
the constitution of the United States and of
the state of Wisconsin, and to faithfully inn
| partially, and honestly discharge the duties of
( his office, which oath may he administered
| by the clerk OF the circuit courts, or any JUS
tlce OF the peace, and shall be filed IN the Of
| flee OF the clerk OF the circuit court.
Sec. 8. The clerk OF the circuit court shall
be clerk of the county court and shall have
the custody and care of all the books and pa
pers belonging to the court; shall be present
at all trials if required by the judge; may
swear all the witnesses and jurors on the tIial
of cause, shall keep minutes of all the pro-
ceedngs. and enter the judgments of the
| court under the direction of the judge shall
! issue all process under the hand and seal of
| the court, (signifying himself ''clerk of the
court, y except wheresotherwise provided by
law, and shall tax all cost sfrom minutes there
of, kept by him. (including witnesses fees
in the presence and under the direction of the
Judge; provided that in case Of his inability
to discharge his duties by reason Of sickness
or absence his deputy may perform the same,
or the court may employ some person IN his
place.
Sec. 9. All process from The court shall be
directed to the sheriff Of the proper county,
and may be served by the sheriff or any of
his deputies, or by any person specially dep
uted therefor by the court.
4 Sec. 10. The county Judge may in all ac-
tons either before or after the issuing of pro-
cess, satisfy security for costs, and the person
giving such security, shall sign memoran-
dunn thereof, in writing, To that effect, which
- &. II. o,11-
+ Sec. L. AmlcabIe suits may be entered by
the parties hereto wi bout process, aud there
upon the same pleading shall be made and the
same proceedings had In other cases.
Sec. -. Such court shall have the like
power to issue all necessary and proper wrlts
in all civil cases. as is possessed by the cir
cult courts Of this state and the same pro-
: ceedings shall be had by parties to procure
such writs which shall issue out of such court
shall DE sealed with the seal of said court, and
tested 10 the name Of the Judge Of said court
and shall be signed by the clerk thereof, ex-
cept that attorneys may issue process in the
manner prescribed by law.
Sec. Is. Any writ issued by the county
court shall be made returnabie TO the next
term after it shall be issued, provided it be Is
sued ten days before the term, but IL not IS
sued ten DAYS before the term it shall be made
5 returnabIe at the next term after the first
Sec a. On the return OF any writ person
allv served if the defendant do not appear IN
f person the court may at its discretion, at the
request of the plaintiff. proceed eA arte with
I the cause. If the writs shall not gave been
personally served, the court may at It's dis
erection, order an alias writ TO be issued, or
: notice to be given to the defendant, by order
e of publication, in the manner provided by
law for the circuit court TO proceed. and the
law for bringing parties into court il the cir
cult court. shall govern the county court, ex-
cept as TO the time of service herein provid e
' Sec. Is. Whenever the Judge of the court
' shall grant a continuance ola cause, il shall
: be for such reasonable time as he may think