The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15

village of North Fond du Lac shall have or
exercise jurisdiction in any criminal bas-
tardy cases except that justices of the peace
and circuit court commissioners throughout
the county, except IN the city and town of
Ripon may in the manner prescribed by law,
issue warrants returnable to the municipal
court of Fond du Lac county.
Section 90 Said judge and circuit court
commissioners shall have exclusive jurisdic-
ton TO institute and conduct examinations
in all criminal and bastardy cases arising
within the city Of Fond du Lac and towns
Of Fond du Lac and Friendship, and in the
village of North Fond du Lac, and said
judge shall have the power and jurisdiction
to cause to come before him the persons so
charged with committing bastardy or Grim
inal offense, within such district and commit
them to Jail or bind them over for trial at
the next term of said municipal court, as the
case may require, and shall have power and
jurisdiction concurrent with the justices of
the peace OF other magistrates throughout
the county, and on plea of guilty by the
accused aDd request by him to be SEN
fenced, the said Judge shall have power, au
thority, and jurisdiction to sentence the &C
cuSed for any ofense except homicide.
Section 81. Said judge shall have exclu-
sive original jurisdiction of prosecutions for
the violation Of the ordinances and charter
provisions of the city of Fond du Lac.
Section o. The municipal court shall
have and exercise powers and jurisdiction in
all civil actions within the county, both in
law and equity, concurrent with and equal
to the powers and Jurisdiction of the circuit
court Of Fond du Lac county, where the
value of the property in controversy or the
amount Of money claimed sought to be
recovered. after deductiDg all payments and
set-offs, shall not exceed twenty-five thou
sand dollars. and also of all actions for the
foreclosure OF mortgages or in proceedings
under chapter lab, statutes of 1898, In
the sum aforesaid, although the value of the
property to be affected BY the judgment ex,
ceeds that sum- and shall also have and
ercse powers and jurisdiction within said
= wi md tn no
powers and jurisdiction of the said circuit
! court in certiprari proceedings. actions
brought for breach Of any recognizance given
in said court and of all actions and pro
, ceedngs under chapters .lA2 las, 147, l46,
40, $50 and So, statutes of 1898 and the
/ amendments thereto, and shall be vested with
and shall have jurisdiction. authority, pow.
! ers. and rights given by law to Justices Of
the peace in all matters
Section %. The provisions OF law ap-
plicable to change Of venue in the circuit
courts. Of this state shall be applies to the
/ municipal court except as herein provided
and except that when the venue of
ton shall be so changed, it shall be changed
to the circuit court of Fond du Lac county,
the granting by said circuit court, in its dis
erection, of a further change of venue as pro-
vided in section 1922 of the statutes, pro
vided, however, that nothing herein contained
| shall be construed as abrogating the right
to the change Of venue provided for by
| ton 1921 of the statutes. and when such
| change of venue shall be made it shall be
by the municipal! court direct to the proper
+! county for the trial OF the action: and pro-
! vided further. that section, 1925 Of the stat.
! ntes, SO far as applicable, shall apply to the
| municipal court and that the judge thereof
{, shall have the right to call upon g circuit
| judge to attend, hold and try such
action, and while so doing he shall have the
| same power as if elected judge Of the mu-
/ nicipal court. And in criminal the
punishment whereof exceeds six months in
the county Jail by a, fine exceeding one
| hundred dollars, if the affidavit shall allege
+! that the municipal and circuit judges are
| preiudeed. the shall be removed to an
adjoining circuit unless some other judge
| shall be called to preside as above provided.
! Section "a No change Of venue shall be
allowed OF course in any civil or criminal
! action appealed from justice court to the
! municipal court except as provided for by
| section 1894 Of the statutes.
Section as No change OF venue from the
municipal court shal> be allowed in. any ex-
| animation for hastardy or criminal offeRse
| or ID any civil action or proceeding other
wise cognizabe by justice of the peace
! cedure. ft
Section 26. A change OF venue In any civil
action or proceeding pending before any Jus
tice Of the peace OF the city Of Fond du Lac,
J the towns OF Fond du Lac and Friendship
| and the village of North Fond du- Lac may
| be taken to the municipal court at any time
! before going TO trial in the manner pro-
vided Jby sections 3616 and 36l z. Of the stat
! utes, without regard to whether the judge
thereof is the next nearest Officer qualified
| by law to try the cause provided either
} party to the action shall before the trans
/ mission of the papers, by himself Or attorney
| in writing, demand that said action be re-
| moved TO the municipal court, in which case
| the justice shall forthwith transmit the pa
| pers to the municipal court and the action
! shall proceed in like manner as il originally
| commenced in the municipal court
! Section 81. A change of venue may be
| taken from any justice court or the court
0f an in mag frAf in rV
| exclusive Of the city and town of Ripon,
| the city of Fond du Lac the towns of Fond
| du Lac and Friendship, and the village of
| North Fond du Lac to the municipal court of
/ Fond du Lac county in any criminal bas
| tardy proceeding examination upon con
| sent Of both parties or their attorneys, or on
| the application of either party in person
| by attorney made any time Before second
! adjournment is had in such proceeding or ex..
| animation and without cause shown.
| change of venue may also be taken from any
j justice court in the county. exclusive of the
| city and town OF aRipon, the said municipal
court, in any civil action or proceeding upon
| consent OF both parties or their attorneys.
| and when taken proceedings shall there
| after be had in the municipal court in like
| manner as if originally commenced therein.
| Section %. Appeals from justice court in
| criminal cases and in prosecutions for vio-
| lation of ordinances or charter provisions
| shall be TO the municipal court and return
| Of such appeals shall be made thereto in
| the manner and within the time provided by
| all other witnesses required to attend shall.
| in like manner now provided by law, be
| committed to be brought recognized to
| appear before the municipal court at the
| next term thereof.
Section 20. Appeals from justice court
| in civil actions where the amount of damages
| or value of property recovered, exclusive OF
! costs, shall not exceed fifty dollars, shall
| be taken and return thereof made to the
municipal court In all other eases the
same may be taken to either the circuit
| court or the municipal court at the. election
| of the successful party or his attorney. such
! election to be made in writing and fled
| with the justice of the peace within five
! days after the perfecting OF the appeal as
| provided by section 1854 of the statutes and
/ service of notice thereof upon the opposite
party or his attorney and returned with the
other papers to the appellate court. In
| both parties appeal the election shall be made
| by the plaintiff or his attorney within Ave
| days from the time the latest appeal is so
perfected Tn case of the failure of parties
| to elect as herein provided, the justice shall
make note of the same in his docket and
make return of the appeal to the municipal
| court. The justice shall insert in the notice
or notices Of appeal the court to which such
appeal is elected TO be takents Appeals from
| judgments of municipal court for violations
of ordinances and charter provisions and in
all civil and criminal actions and proceed
ngs wherein the same has been tried &C.
cording to justice court procedure, may be
tax en- to the circuit court of Fond du Lao
county within the same time. in like manner
and with like effect from justice court.
And in determining whether there shall be
s. trial dc novo on such appeals sections
1867 and 376s of the statutes shall apply Z
except that the amount specified in said sec
tions shall be read fifty dollars instead Of
fifteen dollars
Section 30 Appeals may be taken to the
supreme court from the judgments and or
ders OF the municipal court in civil and
criminal actions hastardy and other pro
ceedings, wherein the same has been tried
! ds1,-n