Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-04-02

quired Of him by law and for the faithful sDrii-
cs s ana payment Of all moneys and
effects that may come into mis- hands in the 80
cutOn OF the duties Of his Office
| Section s.. The judge of the said muDicinsI
court OF FOLK county shall hold his Office al tbe
county seat OF said county in some suitable room
/ 10 be provided by said judge; provided that ne
/ same shall not be in any room adjoining or over
any room where intoxicating LIQUORS are sold
| aud provided further that the sifd Judge sTsii
not hold his office in that of any practicing al
torney, unless such judge shall be the law part
ner OF said attorney, in which case said law
partnershall not Ebe engaged as attorney or
counsel Ia any manner, matter or proceeding
| before said court
! Section 6. The judge of the municipal cOurt
| OF POLK county shall have cOgnizance and iuris-
| dictiOn TO hear try and determine all actions
ana proceedings at law, wherein the amount
ofthe debt, damages demand, penaltyso forfeiture
snail not exceed the sum of five hundred dollars
| actions to recover the possession of personal
| properly with damages, for the unlawful takiug
/ or detention thereof, wherein the value Of the
property therein claimed shall not exceed The
sum of five hundred dollars, aud all charges for
| defenses arising within said county and which
/ are not punishable by commitment 10 the safe
prison. and shall have power to sentence and
commit all persons convicted of any offensc Of
which he has jurisdiction. Said Judge shall
also have power and Jurisdiction throughout
said county, to cause TO come before him. per
sons who are charged with committing any
| criminal Ofense and commit him to iail or bind
/ them as the case may require, Said Judge shall
further have NEUTRALITY-SUSPICIOUS. authority powers
and rights given by law 10 justices of the peace,
]
and penalties as justices of the peace. Said Judge
shall also have, and may exercise in his county
/ ali the powers, and perform all the duties of
4 court commissioner, as defined in section 24S4 of
he revised statutes; and every authority granted
/ TO- or limitation of the powers of a court COM
missioner by the laws Of the state of Wisconsin,
shall be construed 10 extend TO the said munich
/ pal judge, acting in such capacity, except when
otherwise expressly provided The official
designation of said office in matters wherein he
/ shall so act, shall be, municipal Judge OF Polk
! county. The proceedings and practices OF said
court, shEi in all respects be governed as far as
| practicable by the laws relating TO justices
courts of this state, and transcripts OF the iudg
ments of this municipal court may be filed and
docketed With the clerk of circuit court for said
county, with the same effect as may be tran
scripts of Judgments rendered by justices of the
1 peace of said, county, and appeals civil aud
criminal, FROM any Judgment of said court may
/ be taken in the same manner and with like ef-
feet as is provided by law for appeals
from courts of justices of the peace Nothing
herein contained shall be construed to give said
municipal judge eognizance OF any actions men-
toned in sub divisions l. and three of section
1878, of the revised statutes
Section T. A Judgment by confession may be
entered before the judge of the municipal court
of Polk county, in any sum not exceeding five
hundred dollars, without action, either for
money due or 10 become due or to secure any
person against contingent liability on behalf Of
the defendant, or both, II a statement in writing
be made, signed by the defendant and verified
by his oath 10 the following effect FIRST IL
must state the amount for which Judgment may
be entered, and authorize the entry OF Judgment
therefor by the municipal judge of said court.
Second. II II be for money due or to become
due IL must state concisely the fact out of which
1t arose, and must show that the sum confessed
therefor is justly due or TO become due. Third.
II be for the purpose of securing the plaintiff
against u contingent liability, 1t must state
eoncisely the fact constituting the liability, and
must show that the sum confessed does not ex-
coed the same.
Sections. In case of vacancy In the office of
said municipal judge, or IN his absence or in
ability to act, tn nearest justice of the peace of
said county shall have ali the powers and juris-
dictiou OF the municipal Judge of the municipal
court for Polk county, aud II shall be his duty 70
act in the same and discharge all the duties of
said municipal judge, until such vacancy is
filed or such absence or inability to act by the
said municipal Judge is removed.
Section g. Whenever 1t shall be made to APP
pear by ailidayit that the municipal Judge is in
terested pecunarily IN the action, examination
or other proceeding, or that said judge is ma
terial witness, or is within the forbidden degree
OF consanguinity, The said municipal judge shall
notify the nearest justice of the peace of the
county of Polk, not disqualified to Try said
cause or 10 hear said examination or other pro-
ceediug, as the case may be; whereupon it shall
be the duty OF said justice 30 notified as afore-
! said TO forthwith appear At The court room OF
i said municipal court, and to discharge the
duties Of Judge OF said municipal court on the
| trial OF said case or the bearing Of said exami
nation or other proceeding in the same manner
and with like effect said municipal Judge
would, If not disqualified to act; and the doings
of said justice of the peace while so presiding
over said municipal court. shall have aud be of
the same force and effect as like proceedings of
said municipal Judge, and when said action eX-
animation or other proceeding is concaded, Il
like record, as in other cases, shall be made in
said court. and thereupon and thereafter execu-
ton may be issued rs in other cases tried before
said municipal judge. Said justice of the peace,
while presiding over said municipal court shall
receive the same fees as are allowed by law to
said municipal Judge for ike service.
Section 10. Whenever any action eXamina-
/ ton or other proceeding shall be removed from
any justice Of the peace of said county of Polk
upon the oath of the deienda1t, his agent or at
4 torney, according To the provisions of law for
/ such removal II such defendant, his agent orat.
torney request, In writing TO such justice. that
/ the action, examination OF other preceding be
/ removed to the muuciple court of Polk county,
/ then the action examination or ether proced'
/ ing and all the papers therein, snail be trans
mited TO the presiding Judge thereof who shall
4 proceed with the ma ter III the same manner as
/ ii originally instituted before him. provided,
/ that no action OF debt, demand or replevin,
i where the amount claimed or the value OF the
property Is less than twenty-five dollars shall
section H. TRIAL by jury may be had in said
court in the same manner aud process as in ius-
Section - sheriGs and eonstables OF Polk
| county shall have the same power to serve and
/ execute process OF this court as of justices
courts. aud shall be entitled to receive the same
1 fees rs ia Justices courts
! Section 10. The judge OF said court keep
a docket and all docket entries and processes
/ shall be made ana kept IL the same manner as
! far as applicable TO this court as the same are
required 70 be kept by justices Of the peace under
! the laws Of this state
| Section A. The same fees In all actions civil
and criminal, that are now allowed " law to
justices of the peace, Ii shall be lawful for said
municipal Judge to charge and collect. and one
dollar In addition thereto for each and every
action proceeding, or matter had or heard in his
court All fines imposed and collected by said
| judge for the punishment of any criminal OF
Tense under the laws of this state, shall be paid
over 70 the treasurer of said county In like man
ner as is provided by law for justices of the
peace
Section -. In all actions in the second mu-
nicipal court OF Polk county. the plaintiff If he
shall obtain judgment shall be entitled to re-
cover attorneys fees as follows: In all judgments
taken in actions wherein the defendant does not
appear and answer or demur, when the amount
OF he Judgment exceeds one hundred dollars
and is less than three hundred dollars, ten dol
lars; when the amount Of the Judgment
is three hundred dollars or over
fifteen dollars On all other judgments when the
amount does not exceed one hundred dollars.
ten per cent of the amount of the judgment,
when the amount of he judgment exceeds the
sum Of one hundred dollars, ten dollars on the
first one hundred dollars and five per cent. on
the amount in excess of one hundred dollars
proytded that in shall the amount OF at