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

Szstice of the peace while SO presiding over
said court shall have and be of the same
force and effect as proceedings or SAID Judge,
and when such action, examination or otner
proceeding Is concluded q like record as In
other like cases shall be made In said court
and thereafter and thereupon executions
other cases tried and in other proceedings
had before said second municipal judge.
Said Justice of the peace while presiding
ever said court shall receive the same fees
As are allowed by law to justices OF the
peace for his services.
Section 10. In matters or proceedings of
which & Justice of the peace has no Jurls,
diction when such affidavit is filed the said
fudge shall transfer the same to the NUM-
cipal court of Oneida county, which MUM
cipal court shall thereupon have jurisdiction
to hear try and determine the same IN the
same manner and with like effect as II sucn
action or proceeding had been begun IN SAld
municipal court.
Section 16. The judge of said court shall
and may exercise In his county all the
powers and may perform all the duties OF
court commissioner as defined In section
24S4 of the statutes, and every authority
granted to or Limitation of the powers or
3 court commissioner by the laws, OF WIS,
consin shall be construed to extend to Sald
Judge acting in such capacity. except when
otherwise expressly provided The official
designation of said officer In all matters
where he shall act, shall be Judge OF the
second municipal court of Oneida county
Section II. Wherever any civil action
shall be removed from any Justice or the
peace in the county of Oneida, upon tne
oath of the defendant, his agent or at
torney according to the provisions of law
for such removal If said defendant, MS
agent or attorney requests IN writing TO
such Justice that the action be removed
to said second municipal court then the &C
tion and all the papers therein shaH De
transmitted to the presiding judge Thereon,
who shall proceed with the action Ill the
court hereby created in the same manner
as if originally instituted before him.
Section Is. Trial by jury may be had In
said court in the same manner and by the
same process as In justices courts.
Section 10. Sheriffs and constables OF
Oneida county shall have the same power
to serve and execute process OF this court
to the same fees and shall be subject TO
the same liabilities as In justices courts.
Section 20. The judge of the said court
shall keep one docket for criminal trlalS
and proceedings and one docket for civil
actions. And in all criminal trials, exam
nations and proceedings in said court un-
shall be made, kept and filed in the same
manner, as far as applicable as the same
are required to be kept by justices OF the
peace under the laws of this state, In all
civil actions said judge may sign in blank,
summons and other process and deliver the
same to attorneys of courts OF record
throughout the county to be issued by them
as occasion may require, and upon the filing
Of said summons or other process said judge
shall forthwith docket said case, which
docket entries shall have the same force
and effect as if made at the time of lssu-
ing such summons or other process.
Section 81. No summons or other pro
cess issued by an attorney at law under
the provisions of this act. shall be valid
unless said attorney shall endorse thereon
his name or the name Of the firm of which
he Is a member, which endorsement shall
be substantially in the following form
Issued by a. D. attorney ct law
Section %. The Judge of said court shall
receive q salary of five hundred dollars per
Rnnum and the same shall be paid by said
Oneida county at the same time and In the
same manner that other county officers are
paid and said judge shall provide his own
court room Said salary may be increased
by the county board of supervisors Of said
county and the amount thereof shall be IN
full for. all services rendered in criminal
actions and proceedings and for all services
In any action or proceeding for the viola
ton of any ordinance of any city In said
county.
Section 90 The fees charged and col
iected in civil actions shall be retained by
said judge for his compensation therein but
on the first day of November IN each year
he shall pay over TO the treasurer of said
county ali fines paid to said court imposed
under the laws of this state and all of the
aforesaid fees collected in criminal actions
and the fines and fees collected by him IN
actions for violation of said ordinances
since the first day Of November OF the pre-
ceding year taking said county treaSurers,
duplicate receipt therefor the other Of said
receipts shall be filed Ia the office OF the
Section "a Said judge shall file with
said county clerk on said day a statement
verified by his AFFIDAVIT OF all lines and mu-
nicipaI court fees received by him In any
criminal action and any action for the viola
ton of said ordinances IN which the tine
or fees have been paid since the first day
of November of the preceding year together
with the statement required of other magi-
strates by sections $40 and $50 Of the stat
utes of 1898 as amended.
Section %. In all actions In said court
under this act, an attorneys fee shall be
allowed to the plaintiff If he recover 1udg-
ment as follows
/. If the Judgment does not exceed
twenty-five dollars, the sum OF two dollars
and fifty cents
2 If the Judgment exceeds twenty-five
dollars and does not exceed one hundred
dollars, a sum equal TO ten per centum OF
g. If the Judgment exceeds one hundred
dollars and does not exceed two hundred
dollars, ten dollars on the first hundred
dollars, and five per centum on the balance
Of the Judgment
dollars, fifteen dollars on the first two
hundred dollars and TWO and one-half per
centum on the balance of the judgment.
Section 26. In case Judgment shall be for
the defendant he shall receive the same
attorneys fee and the amount claimed by
the plaintiff shall be the basis for comput-
ing the same.
Section 27 In actions of replevin, the
value of the property as proved shall gov
ern the amount of attorneys fees In case
Judgment is for the defendant.
Section %. In any case not herein pro
vided for a reasonable attorneys fee shall
be allowed in the discretion of the court,
provided that no attorneys fee shall exceed
the sum of twenty-five dollars; and pro-
Vided further that no attorneys fee shall
be allowed unless the prevailing party shall
appear in the action by an attorney Of
court of record.
Section 20 All needful stationery and
all blanks required by said court In civil
and criminal actions and examinations and
the judges dOckets required by law shall be
furnished at the expense of Oneida county.
Section 80. The judge may provide a seal
for said court and all papers, dispositions,
certificates, Acknowledgements, examinations
and other documents executed or signed by
said judge when sealed with the seal of the
court shall be evidence In all courts an0
places In this state, and shall have the
same effect as the seal of q court of record.
Section 81. Appeals from said second
municipal court shall be taken to the cir
cult court for Oneida county and when not
otherwise provided the law relating to ap-
pRals from justices court shall apply. The
same affidavit and notice In substance shall
be made and given as upon appeal from
Justices courts.
Section 81. The documents and records
Of said court shall be public records, open
TO the inspection of ali persons at every
reasonable hour.
Section 33. The county clerk of Oneida
county shall give the same notice of the
election of said judge as in other judicial
elections.
Approved June 26, 1907.