Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1875-03-03


said sum of five thousand dollars, the complaint in
any action in said court must alege that said
amount does not exceed said sum, and unless the
answer denies such allegation, and alleges that the
said amount exceeds said sum- the objection to the
jurisdiction account of the said amount exceed
ing said SUM shall be deemed waived and the court
shall retain jurisdiction of the action; but if the
answer denies such allegation and alleges that said
amount exceeds said sum, the court shall deter
mine the question of jurisdiction from the evidence
and pleadings in the cause, and if the court inds
the amount in controversy to exceed said sum of
five Thousand dollars. the action shall be dismissed
Provided, however that the amount in controversy
as herein before limited, shall be determined from
the issues formed by the complaint and the alega-
tons contained in the answer not constituting
counter claim and the evidence pertaining to said
issues, and shall not depend upon the matters set
up in the answer by way of counter claim or the
evidence hereunder; provided, further, that
counter-c,aim shall be interposed in any action in
said court in which the relief demanded shall
coed the sum of thirty thousand dollars.
Sec. 4. panel OF jurors for each term of said
court shall be drawn in the same manner as now is
or hereafter shall be, provided by law for circuit
courts and the person serving on such panels of
jurors shall be paid at the same rate and in the
same manner, as is now, or hereafter shall be, pro-
Vided by law for the payment OF jurors IN the said
circuit courts, and jurors for the trial Of issues
shall be drawn, empanne,ed and sworn in the same
manner as in the circuit courts Of this State and
said court shall have, exercise and use the same
process for summOning such jurors as is now or
may hereafter by law be used by the circuit courts
of this state
Sec. 5 The regular jury terms Of the said court
hereby established shall be held in the court house
IL the city of Green Bay, in said county on the
third Monday of January, the first Monday OF May,
and the second Monday of November, in each year,
and the Jurors for each of said terms shall be
mOned for the second Monday Of each term.
Sec 6. The Judge of said court shall have the
same power to hold special adjourned terms Of his
court. as is now hereafter may be conferred
upon the circuit courts OF this state and the SAID
court hereby established shall have the power
to issue special venlres, and to summon talesmen
hl,o,
may be conferred upon the said circuit courts Of
this state.
Sec. The clerk OF the circuit court shall be the
clerk of the court hereby established, and shall
have the custody ana 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 the trial of a cause: shall
keep minutes of ali the proceedings, and enter the
judgments Of the court under the direction of the
judge; shall issue all processes under his hand, aud
the seal OF the court Signing himself "clerk of the
county court9 except where otherwise provided for
by law: and shall tax all COSTS and shall receive the
same.fees and compensation as clerks of the circuit
courts: Provided, that in of his inability to
discharge his duties by of sicknssss or abb
sence, his deputies may perform the same, the
court may employ some person in his place.
Sec s. There shall be elected on the first Tues
day of April next and every six years thereafter,
by the qualified electors Of the county Of Brown,
Judge Of said court hereby established tor said
county who shall possess the qualification of hav-
ing been admitted to practice in the supreme
court of this state, and whose term of Office shall
be six years from and after the first day of January
next after his election: Provided, That the term
of service of the Judge first to be elected shall COM
mence on the first Monday of May next. Said
election shall be conducted and canvassed, and the
said judge shall qualify and receive his certificate
in the same manner in the Of the election of
county judge. The judge TINS to be elected shall
be judge of the court established by this act and
whenever vacancy shall occur i'll the office of the
county judge, now in Office as judge OF probate in
said county, tho business then pending, in the
county court Of said county shall be transferred to
the court established by this act which shall be-
come and be known as the county court OF Brown
county, and Thereafter the said county court shall
have the jurisdicti to hear, try and deter
mine all matters of probate as is shall be pos
sessed and exercised by county judges or county
courts under the laws Of this State, and the zeal
thereof shall be changed BY omission of the word
second" therefrom.
Sec 9. The county Judge TO be elected IN pur
of the OF the provisions of this act, shall re-
ceive salary of not less than three thousand per
annum and whenever the duties Of probate Judge
shall be transferred to the court estaDianed by this
act. provided in the eighth section thereof, the
county judge shall thereafter receive a salary OF
thirty-fiye hundred dollars per annum- The
board Of supervisors OF SAID county small annually
levy upon the taxable property OF said county
special tax to be paid III cash sufficient with the
state tax actions to pay the salary OF said judge.
Out Of the first or any monies coming into the
county treasury after the payment OF the state tax
levied in said county III each year, the county
treasurer shall retain the amount of the salary Of
said Judge and shall pay the SAID judge In equal
monthly lnstalments the lst Monday OF each
MONTH upon the presentation to said treasurer Of
receipt therefor: Provided, however, That said
state actions when collected and paid 10 the
county treasurer, as required by law shall be
retained by him and applied toward the payment Of
the salary OF said Judge.
Sec. 10. The said court shall be G court Of
record and all the general provisions of the statutes
Of Wisconsin, existing or hereafter enacted
relating TO the powers md duties of courts of
records, and to the process, pleadings, practice,
trials, judgments and proceedings of every nature
in actions in the circuit courts of this state, lncu
ding the issuing and enforcement of executions
and proceedings supplementary to execution and
all such provisions relating to costs and fees, and
all the rules of practice of said circuit courts shall
apply to the court hereby established, far
the same are not inconsistent with any provision
respecting said court and the proceedings and
practice therein in this chapter contained: Pro-
vided, however, The court hereby created shall
have power to make and enforce such rules for the
conduct and dispatch of the business of said court
as may be deemed necessary.
Sec Ii. On filing judgment roll upon a Judg
ment hereafter rendered in the court hereby estab
hshed directing in whole or in part the payment Of
money, the may be docketed with the clerk
of the said court, and may be docketed in any
other county upon fling with the clerk of the Cir
cult court of such other county copy of the origi
nal "docket,' and the shall be lien upon
real property in the county where it is docketed
with the force and effect as if rendered in any
circuit court of this state and docketed according
to the provisions of the laws Of this state exist
ing hereinafter enacted relating to the entering
docketing Of judgments in the circuit courts or
transcripts thereof and all provisions of law now
existing or hereinafter enacted in regard to the
duties of the clerks of the circuit court in docketng
judgments rendered in the circuit courts, and the
manner of docketing the same and enforcing the
same by execution or otherwise shall apply to the
clerks Of the circuit courts and the clerk OF thus
court in docketing judgments of the court hereby
established and in the issuing CT executions there
upon.
Sec. H. Said county shall provide all books,
stationery, and blanks necessary for keeping the
records Of the court hereby established and all nee
essary blanks which the clerks of the circuit court
authorized to keep.
Sec. Is. The judge Of said court shah, at the
expense Of the said county, cause to be made for
the Of said court, seal with suitable device,
with the words ''Second county court for Brown
county," engraved thereon.
Sec IA. No appeal to the circuit court shall be
made Or allowed of any cause tried determined
by the court hereby established, except in probate
cases, but in all cases OF judgments rendered, or
orders made in said court, either party thinking
himself agrieved or injured by such judgment, or
order, may remove the same by appeal writ OF
error to the supreme court in the manner now or
hereinafter provided for removing judgments
dered orders made, in circuit counts, to the