River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1909-07-15

provided for and has actually served as
Juror IN the trial of any action proceeding
according to circuit court procedure shall
not be eligible to have his name appear on
either such list during the succeeding year,
and during such period of ineligibility shall
be disqualified for jury service except he
snail pc summoned taIeSman All per-
sons not having SO served shall be eligible
for jury service during such succeeding year.
Section "a. The defendant in every Grim
maj acIlon or bastardy proceeding pending
in the municipal court, sitting as court OF
record, may waive trial by jury by notice
IN writing filed with the clerk in said court
or by waiver In open court and entered in
Section IS. If the defendant in any Grim
inal action in the municipal court except
prosecutions for violations. OF section 4587c
OF the statutes and amendments thereto, at
or before the time of pleading to the infor-
nation and in any bastardy proceeding
within ten days after filing of the return
shall serve and file written demand for
a trial by jury from the county at large,
the case shall be SO tried, except as herein
otherwise provided,
menced originally in the municipal court
sitting as q court of record which is triable
before jury, before the first term at which
the action is triable shall serve and file a
written demand for trial by jury from the
county at large, it shall be so tried except
as herein otherwise provided.
!, Section 30 Unless jury is waived or
demand made as provided in the preceding
section and 10 all civil and criminal actions
on appeal from justice court and triable be-
tore Jury and in prosecutions for c viola,
amendments thereto, the same shall be tried
before jury empaneled as follows:
At least two days before the day fixed
for trial, unless otherwise ordered by the
court, the clerk shall draw in the presence
of the court the names of forty persons
from the box containing the names Of the
Fond du Lac Jury List The parties shall
then strike from the names SO drawn, alter
nately. beginning with the plaintiff, one name
at time until each party has struck twelve
names. When all strikes have been made @
venire shall be issued for the persons whose
names remain on said list, arranged In the
order as they appear on the list to serve as
jurors, and made returnable on the day fixed
for trial. The jury so struck shall be called
in the order they appear upon the venire,
and the first twelve who shall appear and
are not challenged for cause, set aside or ex-
less than twelve Of the jurors appearing
remain upon the list, the jury shall be COM
pleted as follows: The clerk shall as before
draw from the box three times many
names shall be sufficient TO complete the
panel and each party shall in like order
strike an equal number of names until the
panel of twelve.
Section 81. When trial by jury from
the county ct large shall be demanded as
hereinbefore provided, the same shall be
on the County at Large Jury List In like
manner as above, except that the court may
require the same to be drawn ct least one
week prior to the time a1sS f0T trial no. 10
obtained from the sixteen jurors originally
summoned, the court may require that the
additional names be drawn from the Fond
Section &c. In all justice court actions
tried before the municipal judge In which
jury trial may be had, the jury. shall consist
following. MAJ er: The clerk, If in attend
ance, and IL -ot, the judge shall draw by
lot from the. box containing the names on
the Fond du Lac Jury List. :: The jury
shall be struck from this list in the same
manner as 10 now provided for in justice
court trials, except that instead of summon
ing talesmen the. panel shall be completed by
drawing from the same box from which the
original list was obtained unless the munich
pal judge orders the completion Of the jury
by summonine talesmen. Termination an nation OF
!, Section 80. In any case above provided
for, If either party declines to strike from
the list the names which he is entitled to
court or any DISTINGUISHED person to strike
the name for said party. te
Section 40. At least six days. prior to
presence of the Judge. shall draw BY lot from
the bog containing the names on the TGoun.
ty at Large Jury List twenty four Jurors
for such term and shall issue ys1ir sT to
mon them as such. ~'E 49,
Upon the trial Of ell such cases ct term
time, the trial jury shall be d 1s an, sna
may, in his discretion, order that no Jury
be summoned at any term, and In such
case the names Of jurors drawn shall be
returned to the jury box IN the presence
Section Al. The court may in it's discre-
ton for good cause shown allow trial by
Jury from the county az large 81 a. co1rt
prosecutions for violations of section 1870
of the statutes and In those cases where the
parties have failed to make a demand there
for as hereinbefore required.
Nothing herein contained shall be con.
strued as denying to the court or Judge
thereof the power o. ordering snas any ira.
In ali prosecutions in the municipal court
for . breach Of the ordinances or charter g
provisions of any city or village, such city
or village shall be entitled to a trial by jury
Section AZ. Except as in this act other.
wise specifically provided, said munlclpSi,
writs, orders and processes throughout the
state and follow the rules of pleading and
procedure applicable In the circuit court
In the trial Of all circuit court actions
whether ON appeal, information, or originally
commenced by process Of the form used IN
circuit court. The municipal judge sinai!
have the powers, rights, and authority Of
the circuit Judge in all matters 80 far as
applicable and within his jurisdiction
Section AZ. In all actions or examlnations
commenced by process common 70 '9 Justice
of shall have the same power, issue all Wits
and process throughout the county and fol-
low the rules Of practice and procedure APP
plicable to justice courts except IS herein
otherwise provided.
Section A. In actions proceeding. .ac-
cording to circuit court procedure, an oD3ec-
ton that the procedure should be ACCORDING
to justice court procedure. or in any action
proceeding according to justice court pro-
cedure, an objection that the procedure
should be according to circuit court pro
cedure, shall be deemed waived unless made
before Commencing to strike the jury, or,
if no jury be empaneled, before entering
upon the trial If any such objection be
made in time, either by motion, pleading; OF
objection, and be sustained, such action shall
shall expressly find that the same was started
in good faith, believing the procedure taken
to Be proper, In which case the court may
in it's discretion, retain the action and order
IL to continue on such terms and with sucn
rectifcation of pleading and procedure as
Section 45. In any action In SAID COURT
proceeding according to justice court pro-
cedure if the defendant shall, before the
commencement of the trial. make ana ME
in question. the case shall thereafter proceed
In said court according to the same procedure
az If 1t were removed on such issue ana
bond to the circuit court.
Section 40. For five days after judg.
ments in all matters over which the munich
determine according to justice court pro-
cedure the said judge shall have, and he is
hereby vested with the same power over
verdicts, judgments, rulings, order, and the
proceedings in such matter, as are possessed
by the circuit court or judge thereof over
the judgments orders, and proceedings OF
said court at or before trial or judgment or
during the trial term, and the said munich