The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-03-27

trials if required by the Judge; may swear all tn
witnesses and jurors on the trial Of cause shall
keep minutes of all the proceedings, and enter thu
Judgments OF the court under the direction Of tn.
the seal of the court Signing himself ssclerk of tn.
county court except where otherwise provided fo
by law and shall tax all COSTS and shall receive tn,
same fees and compensation clerks Of the cir,ui
courts: Provided, that in of his inability IL
discharge his duties by reason of sickness or alb
sence, his deputies may perform the same or 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 years thereafter
by the qualified electors of the county of Brown !
judge Of said court hereby esta blished for 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 sersic 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 manner in the of the election of
county judge. The judge thus to be elected shall
be judge of the court established by this act and
whenever a vacancy shall occur i'll the Office of the
| county judge now in ofics as judge of probate in
said county, the business then pending in the
county court of said county shall be transferred Z,
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 same jurisdicti Il to hear try and deter
mine all matters of probate is or shall be pos
sessed and exercised by county judges or county
4
thereof shall be changed by omission of the word
"secOnd" therefromf
Sec 9. The county judge to be elected in pur-
suance of the of the provisions of this act shall
oeye salary of not less than hree thousand per
annum and whenever the drYties of probate Judge
shall be transferred to the court stabliahed by this
act, as provided in the eighth section thereof, the
county judge shall thereafter receive a salary of
thirty-fye hundred dollars per annum. The
board of supervisors of said county shall annually
levy upon the taxable property of said county =
"A with he
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 tex
! ieSlea IN sald county IN each year, the county
treasurer shall retain the amount of the salary OF
! said Judge and shall pay the said judge in equal
monthly instruments on the list Monday of each
MONTH upon the presentation TO said treasurer of
receipt therefor Provided, however, That said
state tax actions when collected aud paid the
county treasurer, as now 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 court OF
record and all the general provisions of the statutes
of Wisconsin, existing hereafter enacted
relating to the powers nd duties of courts OF
records, and to the process, pleadlngs, practice,
trials, judgments and proceedings of every nature
i'll actions in the circuit courts of this state ncl-
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 shs Il
apply to the court hereby established, 80 far as
the 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 aud dispatch of the business of said court
| as may be deemed necessary.
Sec. IL. On filing judgment roll upon judg-
ment hereafter rendered in the court hereby cstab-
lished directing in whole 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 filing with the clerk of the cir
cult court of such other county copy of the orig-
| nal docket and the shall be lien upon
! real property in the county where it is docketed
with the same force and effect 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
or docketing of judgments in the circuit courts
transcripts thereof and all provisions of law now
| existing or hereinafter enacted in regard to the
duties of the clerks of the circuit court docketng
judgments rendered in the circuit courts, and the
manner of docketng the same and enforcing the
same by execution otherwise shall apply to the
clerks OF the circuit courts and the clerk of this
court in docket1ng judgments of the court hereby
established and i'll the issuing of 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
essary blanks which the clerks of the circuit court
are authorized to keep.
Sec. ID. The judge of said court shall at the
expense of the said county, cause to be made for
the use 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
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 agrieyed 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 rem
dered or orders made in circuit courts, to the
preme court.
| Sec. Is. Caucus removed from the court hereby
established to the supreme court and the orders.
decisions and judgments cf the court hereby es-
| tabished may be reviewed by the supreme court in
the like instance and in the same manner that
| causes, orders, decisions judgments removed
| from circuit courts reviewed by the su preme
! court And the supreme court shall have to same
power over such causes, ORDERS decisions judg-
ments as it has over causes. orders, decisions or
Judgments of the circuit court, and all provisions
| of law now existing, or hereinafter enacted re-
latng t. wits of and appeals from the circuit
courts to thesupreme court and the costs and dis
bursements therein shall apply to writs of error
and appeals from the court hereby established to
the supreme court.
court shall not attend for that purpose before four
O'Clock ON the day appointed for such court to
meet, 1t shall be the duty of the sheriff of the
clerk to adjourn said court from day to day for
three days, unless the Judge shall sooner appear;
and II the judge do not appear at that time, the
! court shall stand adjourned and all cases con-
tnued until the next regular day for such to
meet.
Sec. IT, Any Judge of the court hereby estab-
lshed, may be removed from Office in the manner
provided for the removal of judges of the supreme
court or circuit courts in the constitution of this
state.
/ Sec. 49, whenever the place of trial of any
action in said court shall be changed, account
of the prejudice of the Judge thereof, because
he shall be interested have been counsel therein,
the place of trial shall be changed to the circuit
court of said Brown county, unless it shall ap-
pear that of the aforesaid OBJ ections exists to
trying such action before the judge of the said cir
cult court; and whenever for any of such reasons,
i change of the place of trial shill be granted in
the circuit court i'll any civil action wherein the
! amount in controversy does not exceed five thous-
4 ola ,1Af,
said court any criminal action information
except for murder, the place of trial shall be
changed to the said court hereby established, I'M
less it appear that of the aforesaid objections
exists TO trying such action fore the Judge of the
court hereby established; and any civil or criminal
action now or hereafter pending in the circuit
| court Cor Brown county may be removed to the
court hereby established upon the written consent
of all the parties thereto filed with the said clerk
and upon such removal the said action shall pro-
coed and be brought to trial, tried and determined
in the same manner and with like effect, if the
same had beeen removed for cause, provided the
action thus removed by consent be one of which
the court hereby established would have jurisdic-
ton. according to the provisions of this act.
Sec. 10. No judge of the court hereby established
shall have power to try and determine any cause or
matter which shall come before said court the
judge thereof, in which he shall have been inter
| ested, or in which he shall have acted counsel
for either party, except by agreement of the par
ties; Provided, that the fact that said judge is
may be citizen or tax payer, shall not be deemed
sufficient interest to disquaify him under the sec
ton otherwise.
Sec. 20. In all cases of change of in ac-
lions pending in said court, not provided f'r by
this act, the action shall be removed to county
court of an adjoining county, if any there be hav
ing jurisdiction thereof or to the circuit court for
adjoining county in the discretion of the Judge.
And the expense of the trial of any such action
shall be borne by the respective counties from
which and to which it shall be removed, in the
same proportion and be paid recovered in the
manner now or hereafter provided in of re-
mova for like causes from the circuit court of
| county to that of another.
Sec IL Whenever the venue of any action shall