Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08

tnrna ais on On fha dsy ixed for trial The
jury so struck shall be calico IA th ne qEder
they appear upon the yenlle; GU tne LfSl
twelve who shall appear ana are DOT cnaI-
lenged for eanse saf aside or excused by
the court shall be the jury. II TESS imam
twelve of the jurors appearing remain upon
the list the Jury shall be compleleu as fof-
lows: The clerk shall as before draw from
the box three times as many names as snail
be sufficient to complete TUE panel; ana
each party shall in like oI ora strike an
equal number of names untl the number
remaining shall fully complete the panel OF
twelve
Section so. When a trial by jury, from
the county at large shall be demanded as
hereinbefore provided the same shall be
drawn from the box containing the names
on the County at-Large jury L1sC, IN like
require the same to be drawn at least one
week prior to the time fixed TOT trial, and
in case trial jury of Twelve snail not pc
obtained from the sixteen JuIoLs originally
summoned, the court may require the ad-
ditional names be drawn from the Apple
ton Jury List"
Section 81. In all justice court actions
tried before the municipal judge In which q
jury may be had, the jury shall consist of
six persons and shall be drawn In the
following mamie: The CLERK II IN attend
ance, and if not, the judge, snail draw by
lot from the box containing the names on
the Appleton Jury List il such trial is to
be had in the city of Appleton, or from the
box containing the names on the haukauna
city of Kaukauna, eighteen names and
make a list thereof. The jury shall be
struck FROM this list in the same manner
as is now provided for In justice court
trials, except that instead OF summoping
talesmen the panel shall be completed by
drawing from the same box from which
municipal Judge orders the completion Of
the jury by summoning talesmen
Section So. In any case shove provided
for, II either party declines 70 strike from
IIs& = aAI1 a ont lad tn
strike. the court may direct the clerk Of
said court or any dlsinterested person to
strike the same for said party,
be empowered to set certain dates, not more
than four In each year, when regular terms
Of court will be held, at which time he will
take up for trial in the order OF issue
served, all jury cases undtsposed OF wherein
q trial by Jury from the county at large
shall have been demanded az above pro
vlded
Section 3D. at least six days prior to
the time set for any such term the clerk
of said court, IN the presence OF the judge,
shall draw by lot from the box containing
list" fwenty-four Jurors for such term.
and shall Issue a venire 70 the sheriff of
Outagamie county to summon them as such.
Upon the trial OF al such cases at term
empaneIed as in the circuit court.
Section 55. The court may 10 It's dis
erection for good cause shown allow trial
by a jury from the county at large or at
term time, in appeal cases from Justice
court; prosecutions for violation OF sec
ton 4587c, statutes Of 1898, and In those
cases where the parties have failed to make
a demand therefor as hereinbefore required.
Nothing herein contained shall be con-
strued az denying to the court or judge
thereof the power Of ordering that any
trial jury may be completed by the sum-
moning Of talesmen.
In all prosecutions In the municipal court
for a breach Of the ordinances or charter
provisions of any city or village, ouch city
Jury and shall not be required to advance
the Jurors fees.
Section So. Except as in this act other
wise specifically provided, said municipal
court shall have all Of the powers, Issue all
writs, orders and process throughout the
state and follow the rules OF pleading and
in the trial of all circuit court actions
whether on appeal, information or origin
ally commenced by process OF the form used
in circuit court.
tons commenced by process common to
justice courts, the municipal court and
Judge thereof shall have the same power,
Issue all writs and process throughout the
county, and follow the rules of practice
and procedure applicable to justice courts,
except as herein otherwise provided.
Section So In actions in which either
a justice of the peace or the circuit court
would have Jurisdiction, the form Of the
process shall determine the method OF pro
cedure and the territorial limits for earv-
ice OF such process.
Section 90 In actions proceeding accord
ing TO circuit court procedure, an objection
that the procedure should be according to
justice court procedure, or in any action
cedure. an objection that the procedure
should be according to to circuit court pro-
cedure, shall be deemed waived unless made
before commencing to strike the jury, or.
upon the trial If any such objection be
made In time, either by motion, pleading or
objection, and be sustained, such action
shall be dismissed with costs, unless the
dure taken to be proper, In which case the
action and order it to continue on such
pIeadngs and procedure as may be proper
and In the interest of justice.
Section go, In any action proceeding
according 10 justice court procedure, II the
defendant shall at the time end In the man
ner provided 6y sections Egg an q $62O
a ' bond Of the amount and form there pro-
vided, conditioned that If on the trial judg-
ment be rendered against him on such Issue
of title, he will pay such Judgment, the
case shall thereafter proceed in said court
according to the same procedure as IL 1t
were removed ON such issue and bond TO the
circuit court.
l..
ments in civil actions and for twenty-four
hours after Judgment in criminal causes,
over which the municipal judge has Juris-
diction to hear, try and determine according
to justice court procedure, the said judge
shall have, and Is hereby vested with the
same power over verdicts, judgments, rul-
ings, orders and the proceedings in such
court or Judge thereof over the judgments,
orders and proceedings Of said court at or
before trial or judgment or during the trial
ofy 371Sn
direct or set aside verdicts, grant new trials
on payment Of all costs or on such condf-
lions as to costs as Justice requires, modify
or reverse judgments and orders of his said
court or of the judge, or do any act or thing
which circuit courts or circuit judges may
do with reference to proceedings therein
during, term time being goy We 3ed by the
of law and procedure for justice courts are
inadequate or do not apply:
Section 81. The judge snail have power
in actions on trial according to Justice court
procedure, in his discretion, to charge the
Jury upon written charges submitted by the
parties, and may on MS own n m9 ,li charge
Section 63. The pleadings, OF any party
represented by an attorney OF court Of rec
ord in all civil actions pending In the mu-
nicipal court and proceeding according 70
1ustlce court procedure, shall be reduced TO
writing and be subject to all che provisions
Of law and the rules OF practice provided
for the circuit courts requiring gooo ple.au-
Ing, and the Judge Of said court may I'M
the interposing of sham, frivolous or scan
dalous pleadings,
Section "a. The municipal judge may
sign In blank, any summons. writ or other
process common to the practice In civil &C
lions in Justice court and deliver the. same
to attorney of courts of record to be- issued
by them as occasion may require, suostan-
TALLY In the manner provided BY section
1904 Of the statutes OF 1898, as amended
BY chapter 20 Of the laws Of 1903. The
tV-four hours thereafter file with the mu-
niclpal court the affidavit, IL any, upon
rhfch s,1ch snnnnona writ or other PROCESS