The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1875-04-29

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answer denies such allegation and alleges that said
amount exceeds said sum, Toe court shall deter
mine the question of jurisdiction from the evidence
and pleadings in the cause, and if the court finds
the amount in controversy to exceed said sum of
five thousand dollars the action shall be dismissed
Provided, however that the amount in controversy
herein before limited, shall be determined from
the issues formed by the complaint and the allega-
] tors contained in the answer not constituting a
counter claim and the evidence pertaining to said
issues, and shall not depeza pon the matters set
up in the answer by WY of counter Claim or the
/ evidence Hereunder; provided, further, that no
counter-cain shall be interposed in any action in
said court in which the RELIEF demanded shall ex-
coed the sum of thirty thousand dollars. 81
Sec.3 A. A 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
eourts, and the person serving on such panels Of
ju4Srs shall be paid at the same rate and in the
same manner, is now, hereafter shall be- pro-
vided by law for the payment Iii jurors in the said
circuit courts, and jurors for the trial OF issues
shall be drawn, enpanneed aEo 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 suInmoning such jurors as is now or
may hereafter by law be used h the circuit courts
of this state ss4.-e se-..z. b. w. .,s. -
Sec. 5. The regular jury terms Of the said court
hereby established shall be held in the court house
in the city of Green Bay, in said county, on the
third Monday of January, the fret Monday Of May,
and the second Monday of November in each year,
and the Jurors for each of said terms shall be sum-
| 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 or hereafter may be conferred
upon the circuit courts of this states and the said
court hereby established shall have the same power
to issue special venires. and TO summon taeslnen
to serve upon juries therein is or hereafter
may be conferred upon the said circuit courts of
this state -e.@t 49eCL@
Sec. The clerk of the circuit court shall be the
! clerk of the court hereby established and shall
have the custody and care of al the books and pa
pers belonging to the court shall be present at all
trials if required by the judge; may all the
witnesses and jurors on the trial of cause; shall
Keep minutes of all the proceedings, and enter the
judgments OF the court under the direction of the
judge shall issue all processes under his hand and
the seal of the court Signing himself cerk 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 case of his inability to
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 th areafter
by the qualified electors of the county Of Brown,
judge of said court hereby established 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 service of the Judge first to be elected shall
menee 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 i'll the case of the election Of
county judge. The judge thus to be elected shall
be judge Of the court established by this act and
whenever vacancy shall occur III the office OF the
county judge, now in Office as judge Of probate in
| said county, the 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 same iUIesdict to heaI, try and deter
mine all matters of probate as is or shall be pos
| md nv pO11D+v
courts under the laws of this State, and the seal
thereof shall be changed by omission of the word
| 'seCond' ther6frOm 4.
| Sec 8. The county Judge to be elected in pur-
suance of the of the provisions of this act, shall
ceiYe salary OF not less than free thousand Per
| annum and whenever the du@ies 81 probate judge
shall be transferred to the court etabliahed by this
act as provided in the eighth section thereof, the
county Judge shall thereafter receive salary of
| thirty-tive hundred dollars per annum. The
board of supervisors of said county shall annually
| levy upon the taxable property of said county a
| special tax to be paid in 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 tex
| levied in said 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 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 to 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 TO- The said court shall be court of
record and all the general provisions Of the statutes
| OF Wisconsin, now existing or hereafter enacted
| relating to the powers nd 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, inclu
ding the issuing and enforcement of executions
| and proceedings supplementary to execution and
all such provisions relating to costs and fees, ard
all the rules of practice of s2id circuit courts shs IL
apply to the court hereby established, so far as
the same are not Inconsistent with any provision
respecting said court and the proceedings and
practice therein in this chapter contained: Pro-
Yided, 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 fling judgment roll upon a judg-
ment hereafter rendered in the court hereby estab
lished directing in whole in part the payment Of
money, the same 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 orr ii
nal ''docket' and the same 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 or hereinafter enacted relating to the entering
or docketing Of judgments i'll 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 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 this
court in doCkeEing judgments of the court hereby
established and in the issuing of executions there
upon. E
Sec. II. 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
are authorized to keep.
Sec. IS. 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. il. No appeal to the circuit court shall be
made or allowed of any cause tried or 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 agrieYed or injured by such Judgment, or
order, may remove the same by appeal or writ OF
error to the supreme court ii the manner now or
hereinafter provided for removing judgments rem
dered orders made, in circuit courts, to the su-
preTne court. s. Fs ..--..s -.. -
Sec. Is. Caucus removed from the court hereby
established to the supreme court and the OraerS.
decisions and judgments Of the court hereby
tabished may be reviewed by the supreme court in
the ike instance and in the same manner that
causes, orders, decisions or judgments removed
from circuit courts are reviewed by the supreme
court. And the supreme court shall have the same
power such causes, orders, decisions or judg-
ments as it has over causes, orders. decisions or
VI 1iS H4Ao'lAe ouAA 0Nc an PAO'
Of law now existing, or hereinafter enacted re-
lating to wrts Of and appeals from the circuit
courts to thesupreme court and the costs and di
ggE gJJL r9a s 6Feb99 est5bassd e
| the supreme court.
Sec 16- If tine judge authorized to hold suob
court shah not not attend for that purpose before four
O'Clock on the day appointed for such court to
meet, it shall be the duty of the sheriff nv - ~
clerk to adjourn said court from day to da7 for
three e. days unless the judge shall sooner sppear:
| ana II tne Judge do not appear at that time the
tnued until the next regular day for such court to
Sec. IL Any Judge Of the court hereby estab.
/ lshed, may be removed from office in tb
provided Tor the removal Of judges of the supreme