Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21

Juror pTUCttUI1g
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 ineiiglblilty shall
be disqualified for jury service except he
shall be summoned as talesman. All per-
sons not, having so served shall be eligible
for jury service during such succeeding year.
81 Section a34. The defendant I'M every Grim
inal action or bastardy proceeding pending
in the municipal court, sitting as q court OF
record, may waive trial by jury by notice
in writing filed with the clerk in said court
by waiver in open court and entered IN
the clerk minutes. ~. 3
Section 35. If the defendant in any Grim
inal action in the municipal court except
prosecutions for violations of section 45S7c
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 fling 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.
If either party in any civil action com
meneed originally in the municipal court
sitting as 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 SO. Unless jury is waived or
demand made as provided in the preceding
section and in all civil and criminal actions
on appeal from justice court and triable be-
lions of section 1887 statutes of 1898, and
amendments thereto, the same shall be tried
before jury empaneed follows:
for re unless Otherwise fs 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 a time until each party has struck twelve
Names When all strikes have been made a
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 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.
cused by the court, shall be the jury. II
less than twelve of the jurors appearing
remain upon the list, the jury shall be COM
pleted as follows: The clerk shall as before
names as shall be sufficient to complete the
panel, and each party shall in like order
strike an equal number Aof names until the
number remaining shall fully complete the
panel of twelve.
Section 81 When trial by jury from
the county at large shall be demanded as
hereinbefore provided, the same shall be
drawn from the box containing the names
the County at Large Jury List in like
manner as above, except that the court may
require the same to be drawn at least one
week prior to the time fixed for trial, and
in case trial Jury of twelve shall not be
obtained from. the sixteen jurors originally
summoned, the court may require that the
additional names be drawn from the Fond
du Lac Jury List
Section So. In all justice court actions
tried before the municipal judge in which a
jury trial may be had, the jury shall consist
of six persons and shall be drawn in the
following manner The clerk, if in attend
ance. and if not. 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
is now provided for in justice
court trials except that instead of summon
ing talesmen the pane! shall be completed by
drawing from the, same box from which the
original list was obtained unless the munich
pal judge orders tine completion of the jury
by summoning talesmen. Examination OF
jurors on their voir dire shall be allowed;
for, if either party declines to strike from
the list the names which he is entitled to
strike the court may direct the clerk OF said
court or any disnterested person to strike
the name for said party.
Section 40. At least six days prior to
any term the clerk of said court, in the
the box containing the names on the ''Coun-
ty at Large Jury List twenty-four jurors
for such term, and shall issue venire to
the sheriff of Fond du Lac county to sum
mon them as such.
Upon the trial of all such cases at term
time, the trial jury shall be drawn and
empaneled in circuit court. The judge
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
OF said judge o:@ sa&s.
i Section Al. The court may in it's disere-
ton for good cause. shown aAowsoa trial by
jury from the county at large or ct term
time, in appeal cases from justice court,
of the statutes and in those cases where the
parties have failed to make demand there
for as hereinbefore required.
Nothing herein contained shall be con-
strued as denying to the court or Judge
thereof the power of ordering that any trial
jury may be completed by the summoning
of talesmen.
In all prosecutions in the municipal court
for q breach of the ordinances or charter
provisions Of any city or village such city
or village shall be entitled to trial by Jury.
wise specifically provided, said municipal
court shall have all the powers, issue all
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
circuit court The municipal judge shall
have the powers, rights, and authority OF
the circuit judge in all matters so far as
applicable and within his jurisdiction; ot;ons
commenced by process common to justice
courts the municipal court and Judge there
of shall have the same power, issue all wrlts
and process throughout the county and fol-
low the rules of practice, and procedure ap-
pliceb bic to justice courts, except as herein
otherwise provided.
Section a. In actions proceeding &C
cording to circuit court procedure, objec-
ton that the procedure should be according
to Justice court procedure, or in any action
proceeding according to JUSTICE court pro-
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, or
objection and be sustained, such action shall
be dismissed with costs, unless the court
shall expressly find that the was started
In good faith, believing the procedure taken
to be proper, in which case the court may,
In its discretion, retain the action and order
1t to continue on such terms and with such
rectification of pleading and procedure as
may be proper and in the interest of justice.
Section As. In any action in said court,
to ssa sefare be
commencement of the trial. make and file
an affidavit that the title to land will come
in question, the case shall thereafter proceed
in said court according to the same procedure
as if it were removed such issue ard
bond to the circuit court.
Section 49, For five days after judg-
pal Judge has jurisdiction. to hear, try, and
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
pal Judge may direct or set aside verdicts,
grant new trials on payment Of all costs or
on such condition as TO costs as justice re-
Quires modify or reverse judgments and or
ders Of his said court or of the judge or do
anr act or thing which circuit courts or cir
cult Judges may do with reference to pro-
ceedings therein during term time, being
ooyarnsd nv the general law and practice
. 49, .ssa,,;t co,hrfs as near as may be.