Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-03-24


stead OF upon circuit judge. In all cases in
either OF said circuit or county courts, If the
affidayit OF prejudice shall allege that the Cir
cult judge and county judge are both preju-
diced, the cause shall be removed to some ad-
Joining circuit unless some other Judge shall
be called to preside as above provides
Section Is. The county Judge or said Jeffer-
son county for performing the duties required
by this act shall receive n salary of five hun
dred dollars per annum, to be paid out OF the
county treasury in equal monthly Install
ments at the end Of each month
Section 19. If an issue OF law be made in
any cause in said court, or an issue of fact in
any action heretofore cOgnizable only in
court OF equity, the same shall be tried by the
court; If an issue Of fact, properly triable by
jnry and not heretofore cognizable in a
court OF equity, it shall, on demand OF either
party as hereinafter provided, be tried by a
| jury of not less than twelve persons, unless a
! less number be agreed upon by the parties
and If no jury be demanded by either party
the issue shall be tried by the court. In any
action arising on contract for the recovery Of
money only, where service of the summons
has been made as provided by section 1891 of
the revised statutes, and where the defendant
has failed to answer the complaint, the clerk
OF the court may assess the damages therein,
or ascertain the amount due the plaintiff
| therein, and enter judgment thereon as in
said section provided; and the clerk of said
| court shall have the same authority and power
| to assess damages or ascertain the amount
due in like cases, and enter judgment there
on in the same manner as he is authorized
and empowered to do as clerk Of the circuit
court, and shall have generally the same
| power and authority, duties and compensa-
lion in all cases in said county court as he
has now by Law or otherwise in cases In the
| circuit court.
Section ~. The fees OF jurors in said court
shall be two dollars per day for each days
actual attendance, and one dollar for each
half day, and six cents per mile for each mile
travelled in going and returning by the most
usual route; fees of jurors and talesmen shall
| be paid in the same manner and their qualif-
cations shall be the same required by
law of jurors in the circuit court.
Section q. The Jurors of said court SHALL be
selected as follows: From residents Of the
| county Of Jefferson, and qualified to act as
jurors, the county judge and clerk of the cir
cult court shall, at least two weeks before
each general term Of court, select from such
residents and qualified to serve, fifty persons
! to serve as jurors in said court, at and during
the next term thereof; provided, however, shat
if such jury is not selected as herein pro-
vided it may be selected at any other time;
but not more than six jurors shall be selected
! from out of such list of fifty from any one
| town, city or village; and such jury shall not
be illegal if persons in good faith are selected
who are not qualified but the names OF such
persons, when discovered. shah be stricken
therefrom. A list of such jurors, when select
ed, shall forthwith be filed in the office Of the
! CLERK of the court.
Section %. At each term Of said court gen.
eral or special the clerk shall put the names
OF all such jurors SO selected in box, and
when a jury shall be demanded, the same
Shall be drawn from the names in such box.
The plaintiff. or plaintiffs shall be entitled to
! six peremptOry challenges, and The defendant
or defendants TO like number OF challenges,
I to be made alternately from a full list the
plaintiff challenging first. When jury shall
have been selected as aforesaid, or otherwise
agreed upnn, venire therefor may be issued
by the Judge or clerk OF said court, and deliv-
cred to the sheriff or his under-Sheriff, or any
of his deputies, who shall duly execute the
same. If any of the jurors named in such
venire shall not be found, or shall fail to ap-
pear, or if there shall be any legal objection
to any that shall appear or ii any of them be
| excused by the cou1l or parties, the court
shall direct the sheriff or his under-sherif, or
any Of his deputies, to Summon sufficient
number of talesmen to supply the deficiency;
provided that not more than four such tales
men shall be selected from the residents of
any one town, city or village, except by con-
sent of parties The officers summOning the
same may insert the names OF such talesmen
in the venire. If jury shall be required to
make an assessment Of damages in any case
the same shall be drawn from the names in
such box, or the court may direct the same to
be had and taken by any jury summoned in
any other case. or may direct the clerk to is
sue a venire to summon special jury for that
purpose, to be composed of persons qualified
TO serve as jurors in said court and unless
objections are made, such assessment OF dam
ages may be made by the court or the Judge
thereof, without the Intervention of jury.
The cCnrt may set down any case on the cal
endar for trial any particular day and
when case is set down for trial on any par
ticuar day, by order of the court or other
wise, the Court may then, or at any time after
wards, require the parties in such action to
determine and elect whether he or they wish
jury, and if both parties elect to try such
ca Sc without jury or If both parties neglect
or refuse 10 so determine or elect at said time,
neither party shall be entitled to a trial by
Jury, but the courl may at is discretion grant
a trial by jury; and if a trial is demanded, the
court may then or at any time afterwards di
rect that a jury be selected as aforesaid in
such case anG issue venire therefor, return
able at the time fixed for the trial of such
action. If for any cause in selecting jury,
the panel shall become exhausted, an add
tjonal list Of fifty shall be made by the judge
and clerk Of said court.
section % Jurors shall be summoned per-
sonally, as III the circuit court, but service
may be made by the sheriff, under-Sherif or
any deputy sheriff of the county, and the
county judge may direct at what time Jurors
shall be summoned iu any case which has
been set for trial. The sheriff shall be entitled
to the same fees for summoning jurors and
talesmen as are allowed by law for like ser
vices in the circuit court, not exceeding, how
ever, fifteen dollars In any one trial OF
e use.
Section "a The sheriff of said county in per-
son, or by his under-Sherif, or one OF his dep
utieS. shall attendi such court when actually
in session, for the transaction OF court bust
ness other than probate business, and the
court shall designate the number of officers
that shall be present while such COURTS in &C
tual session as aforesaid, and such officers
shall be entitled to receive the me cOmpen-
sation, and payable in like manner, as is or
NAV be provided by law for like services in
the circuit court.
Section 25. The fees of the clerk of said
court in any one case shall not exceed the fol-
lowing sums: In cases SETTLE d or discontinued
before answer, two dollars; in cases discontin-
ued after answer and before the same shall be
put upon the calendar, three dollars, and after
answer, and after having been put upon the
calendar, four dollars; in cases when judg-
ment is entered without application to the
court, four dollars; in cases of no answer,
when Judgment is upon application to the
court, five dollars; in like cases. when judg-
ment is entered upon application to the court
and the same uld be entered in vacation five
dollars; in cases where there is an answer,
aud the same is tried by the court, seven dol
lars; if a final determination on a demurrer,
five dollars; if tried by a jury, eight dollars;
in appeal cases tried by the court upon return
Of Justice, four dollars; in all appeal cases
which are dismissed without trial, three dol
| lars: in all other appeal cases. six dollars; in
case there is more than one trial, three dol
| lars shall be added to such limitation for each
additional trial. In all other cases and pro-
| ceedings not herein enumerated the clerk
! shall be entitled to receive the same fees as
| like cases and proceedings in the circuit
J court.
I Section 26. All actions commenced before
! a Justice of the peace. in Jefferson county,
| where the title to lands will come in question
| and which were heretofore required by law to
| be sent and certified to the circuit court, may
| hereafter at the election of the party making
the plea or answ er showing that the title 20
| lands will come in question, be sent and cert-
| fed either to the circuit court or to the coun-
| ty court.
| Section 81 The county court shall have full