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


qualification Of such newly elected village
officers, such city shall be declared reOrgan-
lied as village. All rights or liabilities
that may have existed at the time of such
reorganization in favor Of or against such
city shall continue for and against such
village.
Approved June g. 1907.
No. 81, 81 Published June p. 1907.
CHAPTER 422, LAWS OF 1907.
AN ACT to create a second municipal
court for Oneida county.
The people of the State of Wisconsin, repre-
sented in Senate and Assembly, do enact
Section l. There is hereby created and
established in and for the county of Oneida
a municipal court which shall be known and
designated as the SECOND municipal court
of Oneida county" with the powers and
jurisdiction hereinafter provided and spe-
Gifted.
Section o On the first Tuesday of
April 1908, and every four years thereafter
there shall be elected in the county OF
Oneida in the same manner as county
JUDGES are elected, municipal Judge for
said court who shall hold his office for the
term Of four years from the first Monday OF
May next following his election, and until
his successor is elected and qualified, and
in case Of vacancy occurring In the ONCE
Of said judge the vacancy shall be filed by
appointment by the governor and the per.
son appointed to AL such vacancy shall
continue in office for the residue Of the term
for which his predecessor was elected or
appointed provided. that upon the passage
and publication of this act the office of
judge of said court shall be deemed vacant
and shall be filled by appointment as herein
provided.
Section g. No person shall be eligible
to the Office Of judge of said municipal
court except an attorney OF court OF
record.
Section T. The said Judge before enter
ing upon the duties of his office shall take
and subscribe the constitutional oath OF
office and file the same In the office of the
clerk of the circuit court for said county
and execute to said county bond In the
sum Of one thousand dollars with two or
more sureties to be approved by the county
treasurer of said county and recorded and
filed as provided In section 7O2 Of the stat
utes of 1893 as amended, conditioned for
the faithful performance of the duties re-
quired of him by law and for the faithful
application and payment OF all moneys ana
effects that may come into MS hands IN
the, execution Of the duties of his office
Section 3. The judge of the second mum
cipal court of Oneida county shall hold his
Office at the village of Minocqua.
Section 8; The said court and judge
thereof shall have cOgnizance Of and Juris-
diction to hear, try and determine
1. All actions and proceedings at law
wherein the amount of debt, damages de-
mand, penalty or forfeiture shall not ex-
coed the sum of five hundred dollars;
2 Actions to recover the possession OF
personal property with damages for the un-
lawful taking or detention thereof wherein
the value of the property claimed shall not
exceed the sum Of five hundred dollars ex-
elusive of damages;
g. Actions founded on an account when
the same shall be reduced to an amount
not exceeding five hundred dollars by credits
given;
tions arising under chapter 145 of the stat
utes as amended when the amount claimed
shall not exceed five hundred dollars;
s. All actions founded on charges, for Of
Tense rising within said county and which
are not punishable by commitment to state
prison -,
nances, bylaws, rules and regulations of
any city in said county and shall have
power to sentence and commit all persons
convicted of any offense of which he has
Section Z. Said judge shall have power
and jurisdiction throughout said county TO
cause to come before him, persons who are
charged with having committed any crlml-
nal offense and commit them to jail or bail
them as the case may require. Said judge
shall further have all the jurisdiction,
authority powers and rights given by law
to justices of the peace together with the
power and right in his discretion to charge
the jury in all cases tried before him ana
he shall be subjected to the same prohibi-
tions and penalties as justices Of the peace.
Section s. No justice Of the peace with
in the towns of Minocqua or Woodruff IN
said county shall exercise any jurisdiction
in criminal cases except as provided In sec
tiOnS 10 4 and 10 of this act but all Such
jurisdiction is vested in said court and IN
the municipal court Of said county and the
Judges hereof
Section .. The provisions of chapter 244
of the laws Of 1905 providing that the mu-
nicipal court Of said county shall have eX-
elusive criminal jurisdiction shall not apply
to the court hereby created nor to the judge
thereof
Section 10 The fees of said judge and
the proceedings and practice IN SAID second
municipal court shall in all respects be
governed so far as practicable, by the law
relating to Justice courts Of this state and
transcripts of judgments Of $uch court It may
circuit court of said county with the same
effect as may be transcripts OF Judgments
rendered by justices or the peace tning
herein contained shall be construed to give
to the said second municipal court or the
judge thereof cogniZancc or any actlon un,
der sub-sect.ons l. 2 and 3 OF section 1913
Section H. A judgment by confession
may be entered by the judge of said court
in any sum not exceeding one thousand
dollars without action, whether for money
due or TO become due or to secure any per
son against contingent liability on behalf of
the defendant or both, If a statement be
made in writing signed b the Defendant,
or by some person in behalf of the defend
ant, and verified by his oath TO the follow
n must state the amount for which
Judgment may be entered and authorize the
entry OF judgment therefor by the Judge or
said court.
2. # it be for money due or to become
due. it must state concisely the fact out
of which the Indebtedness arose and must
show that the amount confessed therefor
is Justly due or to become due.
8 If it be for the purpose OF securing the
plaintiff against a contingent liability, u
mnst state concisely the facts constituting
the contingent liability and must show that
the sum confessed does not exceed the same
Section ~ In case of absence or tenn
porarV disability of the judge, he may by
an order in writing to be filed In said court
appOint a Justice OF the peace of said county
to discharge the duties Of said Judge dur
ing such absence or disability who shall
have the powers of such judge while admin
isterlng such office
Section 10. Whenever 1t shall appear by
affidavit that the said judge Is interested,
other proceeding brought in said court, or
that said judge is a material witness or
within the forbidden degree OF consangulh-
ity or from prejudice will not decide I'M
partially in the matter and the matter or
proceeding is one of which Justice OF the
peace has Jurisdiction, the said Judge shall
notify the nearest Justice of the peace IN
the county of Oneida, not disqualified or
otherwise unable to try said case or TO
hear said examination or other proceedings
as the case may be. . ~
Section Ia Thereupon It shall be the
duty of said Justice 80 notified as aforesaid,
70 forthwith appear at the court room OF
said court and to discharge the duties or
Judge of said court on trial Of said case or
fhe hearing Of said examination or other
proceeding in the same manner ana with
like effect as said judge would If not dis
qualified to act, and the doings OF said