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


tober, November and December, and term
on the last Monday of June and on the
first Monday of September of each year,
special terms of said court may be called
and held by order Of the judge of SAID
court copy of which order shall be
mailed at least fifteen days before such
special term to each of the practicing at
torneys of said county. All such special
terms of said court shall be held at the
county seat of Walworth county afore
said.
Section IL Judgment may be had and
entered in vacation in said county court
subject to the limitations of the jurisdic-
ton of said court, if the defendant fail to
answer the complaint in the same manner
and in like cases wherein judgment may
now be had and entered in the circuit in
vacation, and the clerk of said court shall
have the same powers and authority reia-
tive thereto as he has by law or otherwise
in circuit court
Section Il. If the judge authorized to
hold such court shall not attend for that
purpose before two o'clock in the afternoon
of the day appointed for such court to
meet it shall be the duty of the sheriff
or the clerk to adjourn said court from day
to day for three days, unless the judge
shall sooner appear and if the judge does
not appear within that time, the court
shall stand adjourned for the term, and all
cases continued until the next term of such
court. ANY circuit judge or any county
judge of county court having civil 1urls-
diction may hold court in event of the aD-
sence, sickness or other disability of the
quest of the judge thereof, and while SO
doing he shall have the same power as If
elected judge of said county court.
Section 13; The provisions Of law ap-
plicable to change Of venue in the circuit
courts of this state, shall be applicable to
said county court, except that when the
venue Of any action shall be so changed, "
shall be changed to the circuit OF WalWortn
county and such change of venue shall not
prevent the granting BY said circuit toe co1rf
In section 1922 Of the Wisconsin statutes
of 1898 provided, however, that nothing
herein contained shall be construed as alb
rogating the right to change of venue
provided for by section 1921 of said stat,
utes. and when such change OF venue snail
be made, it shall be made by said county
court direct to the proper county for the
trial Of the action and provided further
that section 1925 of said statutes SO far
court and that the judge thereof shall
have the right to call upon the circuit judge
or any county judge Of q county having
civil jurisdiction, to attend hold court ana
shall have the same powers as II elected
Judge Of said county court. If any person
charged upon indictment or information
with a criminal offense shall have procured
a change of venue to the circuit court
of Walworth county, said county court
shall commit or hold the party to
bail to appear at the next term OF the
circuit court, and the clerk Of said county
court shall transmit all papers and a copy
of the records and proceedings In said case,
properly certified to be such under the seal
which shall then have full jurisdiction of
this action; all recogniZances previously
given in such cases and returned TO sald
county court may be enforced in said cir
cult court as fully as If they had been
originally returned thereto. In like manner
shall all such cases which might originally
have been brought in said county court or
appealed thereto where change of venue
is allowed or directed by the circuit court
on the grounds of prejudice Of the judge
thereof be removed to SAID county court !;
provided, however, that nothing herein con
tanned shall be construed as abrogating or
abridging the power conferred upon the
circuit court by section 1925 of Wisconsin
statutes of 1898. In all such cases in
affidavit shall allege that the circuit and
county judges are both prejudiced the case
shall be removed to some adjoining circuit
unless some other judge shall be called to
preside as above provided
Section Il. The Judge OF the county
court shall be disqualified to try and de-
termine any case in which he shall have
acted as counsel for either party! except
by agreement of the parties and he shall
transmit all such cases to the circuit Judge
of said county; the judge OF the county
court may also transmit to the circuit
court any other case or proceeding before
him, II, in his discretion he deem 1t ex-
pedient; and the circuit court shall there
upon proceed to try and determine the
or proceedings had originated In the cir
cult court.
Section Is. No Judge of said county
court, while holding such ONCE, sn aad. Dc
or counsel In any action, cause or proceed
ing In or which he has good reason to be-
lteve will be brought in any OF the courts
of this county, not give advice or opinion
therein; and the judge of said court shall
not give advice to parties litigant In any
action pending before such Judge, or which
he has reason to believe will be brought
before him for decision; or draft or prepare
any papers or other proceedings relating
to any such matter or action, except when
expressly authorized by law upon penalty
for any violation hereof OF removal from
office.
Section 10. Jurors shall be chosen for
each term Of said court by the same per-
sons and in the same manner as jurors IN
rules and practice relating to the selection,
qualifications, duties and compensation OF
Jurors in the circuit court shall be applica-
Bile to said county court, except as other
wise provided herein.
No Jurors shall be summoned to attend
upon any term of said court unless 1t shall
appear to the satisfaction OF the judge that
q jury panel Is necessary.
At least six days before each term, I'M
less otherwise ordered by the judge, the
clerk shall, In the presence OF the judge
draw from the list of persons provided
therefor, twenty four jurors for such term
and the list so selected shall forthwith be
fled in the office of said clerk.
When any criminal action or proceed
the clerk, If requested at least six days
before such term by the district attor-
ney, or by any defendant, or by the at
torney for any defendant In such action,
shall issue a venire to the sheriff Of said
county to summon such jurors returnable
at such time as the Judge may direct.
IN every criminal action when no such
request Is made and in every civil action
oJ1vin %ho ri al nP N nT fQ nf
except as herein otherwise provided, in
which a jury trial is demanded by either
party or ordered by the judge, the clerk
shall draw from the panel ths Of Jurors Sc
action. The plaintiff or plaintiffs shall
be entitled to six peremptory challenges
and the defendant or defendants to a
like number of challenges to be made al.
ternately, from full list, the plaintiff
first challenging. When a jury shall have
been selected as aforesaid, or otherwise
agreed upon, venire therefor returnable
at such time the judge may direct shall
be issued by the clerk to the sheriff Of said
county.
If any of the jurors named In such
venire shall not be found, or shall fail to
appear, or If there shall be any legal OBJ
lection to any that snail appear, or If any
of them be excused by the court or parties,
the court may direct the sheriff or his
under-sherifr, or any of his deputies, to
summon 6 sufficient number Of talesmen
to supply the deficiency; provided, that
not more than four such talesmen shall
be selected from the residents of any one
town, city or village, except by consent
of parties The officer summ0ning the
same may insert the names Of such tales
men on 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 d.
rect the clerk to issue a venire to sum
mon a special jury for that purpose. to