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

have jurisdiction in all acllons III salu
county for the foreclosure of mortgages
and mechanic liens, in which the amount
claimed does not exceed the sum above
mentioned, although the property TO be
affected 0v the judgment exceeds the sum
of TWENTY-FIVE thousand dollars in value
and of all actions for divorce or for afhrm-
ance or annulment of marriage contracts
and all actions for removing clouds ana
uuieting title to real estate and all actions
for partition of real estate; and in all
hastardy actions and in all criminal cases
except murder. manslaughter and homi-
eide: and to the amount and within the
limits aforesaid the said county court shall
be n court Of general jurisdiction, with the
same power and jurisdiction In all civil
and criminal actions and proceedings and
including the power Of review of records
on certiorari. discharging mortgages OF
record. and such other special powers as
are now or may hereafter be conferred by
the statute upon the circuit court, coming
within the above limitations as belong to
and are exercised by the circuit court in
and for said county.
Section 2. All actions commenced be-
fore a justice of the peace in Walworth
county, where the title to lands will come
in question. and which were heretofore re-
uured by law to be sent and certified to
the circuit court, may hereafter at the cleo
tiOn of the party making the plea or an
swer showing that the title of lands Will
come in question, be sent and certified
either to the circuit court or to the county
court.
Section g. Appeals from judgments Of
justices of the peace in said county. may
hereafter be taken either to the circuit
court or county court Of said county at
the option of the appellant and If taken
to said county court such appeal shall be
tried and determined therein In the same
manner as Is by law required In the cir
cult court, and In accordance with the
rules and practice Of the county court of
Walworth county in force at the time OF
ing appeals in civil actions from justices
of the peace or justices courts Of said
county, shall hereafter be construed to
apply equally to such appeals when taken
to said county court
Section 4. The said county court, with
In the limits aforesaid, shall be court
Of record. with clerk and seal, and shall
have full power and authority to Issue
necessary to carry into effect the juris-
diction conferred by this act and the laws
Of this state, and to carry out such Jurfs-
diction shall have and exercise all powers
now possessed, or which may hereafter be
possessed by the circuit courts Of this
state, and the same proceedings shall be
and process as in circuits courts and such
writs and process shall be issued, executed
and returned In the same manner and with
like effect as in the circuit courts.
Section 5. ALI examinations, recognt-
zances and commitments from or by any
examining magistrate Of said county in
bastardy cases and in all criminal actions
except charges Of murder, manslaughter
turned to such county court, instead of to
the circuit court for said county, within
the time prescribed by law, and the at
tendance Of witnesses upon the trial OF any
person so committed shall be secured In
the same manner as provided by law in the
circuit court, and said court shall have
power to appoint any attorney or coun-
selor to defend a person charged with any
offense In the same manner and upon the
same conditions as the circuit may now or
hereafter appoint any attorney or coun-
selor to defend persons charged with any
offense.
Section g. Every issue of law in any
civil action or proceeding in said court,
and every issue of fact in any action here
tofore cogniZable only in court Of equity,
shsall be tried by the court, but the court
may order such issue Of fact tried by
jury; every issue Of fact, in a civil case
properly triable by Jury, and not hereto
on demand Of either party, as hereinafter
provided, be tried by a jury Of not less
than twelve persons, unless a less number
Jury be demanded by either party, shall be
tried by the court. Every criminal action
shall be tried in the same manner as In
the circuit court. unl es;ds jury Is expressly
Section Z: The county Judge shall have
all the jurisdiction and powers that are
now or hereafter may be conferred upon
all civil and criminal actions and pro-
ceedings and the power to hear and de-
termine ali such cases, although the title
to lard may come come INTO q t b01d 1psm
nary examinations in bastardy actions or
in criminal cases.
All provisions Of law which may at any
time be in force relative to justices courts,
to actions and proceedings and judgments
therein, and appeals therefrom, in civil
and criminal cases. shall apply to said
sG otHer SRnT provided 30 tbs section
The photographic reporter shall report
the proceedings Of trials as In other cases,
and no charge shall be made against the
nished under the provisions Of section %
Of this act.
The clerk of said court shall keep a
justice docket, shall have the care and
custody Of all books, papers and records
therein, shall be present at all trials, shall
administer oaths, shall issue process as
in other cases, shall tax the costs, and
perform all other clerical and ministerial
duties required Of and imposed upon JUS
tees of the peace In such cases, and per-
form all such duties by and under the
direction of the Judge of said court. For
all services so performed he shall receive
the same compensation a justice Of the
peace would receive, except he shall receive
nothing for taking testimony and his fees
shall IN no case exceed five dollars.
All fines and all costs collected by the
clerk in every civil action and In all Grim
inal prosecutions aud proceedings under
the general statutes of this state tried or
If tried or determined by justice OF the
peace would he paid over to the county
treasurer. shall be accounted for and paid
over quarterly by the clerk of said county
unto the county treasurer Of the county Of
Walworth.
Costs and fees shall be taxed and allowed
in the same amount as would be allowed
in justice court, except clerks fees shall
be taxed at a sum not to exceed i've DOL
lars. and the taking down Of evidence shall
not be charged for or taxed.
Ay1S
officers shall be the same as would be
allowed in justice court for similar services
except when otherwise provided.
The judge Of said court shall be dis
qualified to hear or determine any case In
which he shall have acted as counsel for
either party, except by agreement of the
parties.
Judge to hear, try or determine any case,
or in case of his disability, sickness or
temporary absence, or in case of a change
Of venue from HIM in any any, case he shall
in said court, appoint properly qualified
justice Of the peace. not otherwise dis
qualified, to discharge the duties of such
Judge relative to such action or proceeding,
or during such disability, sickness or tenn
porary absence. The Justice of the peace
so appointed shall in every case have all
the powers Of such Judge over the actions
and proceedings that may come before him.
He shall receive for his services the sum
OF five dollars per day to be paid out Of
the county treasury and deducted from the
salary of said Judge.
When acting under the provisions Of
this section said court shall not be court
of record and no state tax shall be collected
on cases commenced in said court by virtue
of this section.
The provisions Of this section shall apply
only TO actions and proceedings within the
jurisdiction OF justices of the peace and
to no other actions proceedings whatsO
ever. And no other section of this act
shall have any application whatsoever to
actions or proceedings within the jurisdic-
.nal r-rA Ian IL h.