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


Approved March 81, 1907
No. 1o6, 81 Published March %, 1907.
CHAPTER %, LAWS or 1907.
AN ACT to create municipal court for
Iron county.
The people Of the State Of Wisconsin. repre-
scented in Senate and Assembly, do enact
as follows:
Section J. There is hereby created ana
established in and for the county of Iron,
a municipal COURT to be known and deslg
mated rs The Municipal Court Of Iron
County" with the powers and jurisdiction
hereinafter specified and provided.
Section 2. On the first Tuesday Of April,
1907 and every four years thereafter, there
shall be elected IN the county of Iron, in
ed. 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 success
Sor is elected and qualified, and in case OF
vacancy occurring in the office of municipal
judge, the vacancy shall be filed by APP
pointment by the governor, and the person
appointed to fill such vacancy shall continue
in Office for the residue of the term for
which his predecessor was elected or APP
pointed. Provided that, at the first election
under this act, ten days notice shall DO
given In lieu Of the notice dda provided by sec
ton 94q, statutes of 1898.
Section 3. The judge Of said municipal
court snail hoid no other county once our
ing the term for which he was elected.
Section H. The municipal judge, before
entering upon his duties Of his office, shall
take and subscribe the constitutional 0atn
Of office and file the same, duly certified, la
the office of the clerk Of the circuit court
for said county and execute to the said
county a bond In the sum OF one thousand
dollars, with two or more sureties to be
approved by the chairman Of the county
board of supervisors of said county and re-
corded and filed as provided in section TOP
of the statutes Of 1893, conditioned for the
faithful performance OF the duties required
OF him by law and for the faithful applica-
ton and payment Of all moneys and effects
that may come into his hands in the execu-
ton OF the duties Of his Office.
Section o. The Judge Of the, municipal
court of Iron county shall hold his Office
at the county seat of said county in suit
able room for such purpose, to be provided
by the board OF supervisors Of Iron county;
Section g. /. The municipal court OF
OF, shall have cognzanCe Of and jurisdiction
to hear, try and determine all actions and
proceedings at law wherein the amount or
debt damages, demand penalty or forfeit
ure shall not exceed the sum OF five hun
dred dollars; actions to recover the posses
sion of personal property with damages for
the unlawful taking Or detention thereof,
wherein the value Of the property GAINED
shall not exceed the sum OF five hundred
dollars, exclusive of damages, actions
founded on az account when the same shall
be reduced to an amount not exceeding fYe
hundred dollars by credits given; to hear.
try and determine all actions arising under
chapter 140, Of the statutes Of 1898, when
the amount claimed snail not exceed five
hundred dollars
2 The said judge and court shall also
have exclusive criminal jurisdiction of all
crimes and miSdemeanors occurring In said
county, to the same extent and as fully as
justices of the peace now or may hereafter
have, and all charges for ohensGS arising
within said county and which are not pun
ishable by commitment to states prison,
~, ~
nit all persons convicted Of any otIehse Of
which he has Jurisdiction.
g. Said Judge shall have power and jur-
isdiction throughout said county to cause
to come before him persons who are charged
with committing any criminal OTense and
to commit them to Jail or bind them over
to the circuit court, as the case may re-
quire.
4. Said Judge shall further have all
Jurisdiction, authority, powers and rights
given by law to justices Of the peace, to-
gether with the power and right In his dis
erection, to charge the jury upon written
charges and said Judge shall be subject TO
the same prohibitions and penalties as JUS
tees Of the peace.
said county shall have or exercise turlsdic-
ton In any criminal cases except that JUS
tees Of the peace may, in the manner pre-
scrlbed by law. issue warrants returnable
to the municipal court Of said county.
Section S. The proceedings and practice
of said municipal court shall, in all respects,
be governed as far as practicable by the
laws relating to justices courts of this
state and transcripts of judgments Of the
municipal court may be filed and docketed
with the clerk of the circuit court for said
county, with the same effect as may be
transcripts Of judgments rendered by JUS
tees of the peace Of said county, and ap-
peals from said court in all cases. both civil
and criminal, and other proceedings may
be taken in the same manner and with like
effect as are provided by law from justices
courts Nothing herein contained shall be
Construed to give the said municipal court
cogniZance of any actions mentioned in sub
divisions 1, 2 and of section 1918, OF the
statutes Of 1893.
may be entered by the judge OF said court
in any sum not exceeding one thousand dor
lars without action, whether Tor money due
or to become due, or to secure any person
against contingent liability on behalf of the
defendant, or both, If a statement be made
in writing, signed by the defendant and
verified by his oath to the following effect
First. 1t must state the amount for
which judgment may be entered and author
Second If it be for money due or to
become DUE it must state conclsely the fact
out of which the Indebtedness arose and
is Justly due or to become due.
Third If it be for the purpose Of secur-
ing the plaintiff against contingent labii-
ity, 1t must state conclsely the fac[s con-
show that the sum confessed does not ex-
coed the same.
Section 10. In case of sickness, absence
or Temporary disability of such judge. he
may, by an order in writing to be filed IN
said court, appoint q justice Of the peace
III said county to discharge the duties OF
disability, who Shall have the powers, Of
such Judge while administering such office
Section II. No action, examination or
other proceeding shall be removed from
ShC FSfona NV
affidavit that the municipal Judge is inter-
ested pecuniarily, in the action, eXamlna-
ton or other proceeding, or that said judge
is material witness, or is W!thln the IoF-
hidden degree Of consanguinity, or from
prejudice will not decide mpartially In the
matter, the municipal judge shall notify the
county judge or some justice or the peace
of said county to hear SAID examination or
other proceeding, as the case may be, where
upon It shall be the duty OF such magis-
trate to forthwith appear at the court room
duties of said municipal judge on the hear
ing Of such examination or other proceed
Ing in the same manner and with ike erect
as If heard by the munlcipal judge OF Sald
court and the record shall nave like force
and effect as If made by said municipal
judge. The magistrate 50 acting in said
proceeding shall receive for his compenSa-
ton one dollar and fifty cents for each half
3gy he shall spend in such examination or
other proceeding, which shall be in 1ull Tor
his services therein. II such examination
or trial shall be for criminal ohense ne
shall be paid out OF the county treasury in
the same manner as justices of the. peace
are now paid, and IL in q civil action ne
shall be paid by said municipal Judge.
Section IL The municipal Judge of said
county shall have and may exercise in his
county all the powers and may perform al
the duties Of court commissioner as de.
lined in section 2434 of the statutes Of
1898, and every authority granted to or
limitation of the powers of a court com.
missioner by the laws. Of Wisconsin shall
be construed to extend to said municipal
Judge acting IN such capacity, except when
otherwise expressly provided. The ofi i
he Shall SO act shah be Judge OF the AIu-
nicipal Court OF Iron County,
gINrtn h. INN M lNn hnd