Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14

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either such list during the succeeding year,
anG during such period Of ineiigIbility shall
De disqualified for jury service except he
shaH pc summoned taiesmhn All per
sons not having so served shall be eligible
Tor jury service during such succeeding year
Section 81. The defendant in every Grim
in the muniei al court sitting as court Of
record. may waive a trial BY jury by notice
IN writing filed with the clerk in said curt
2I ~ waiver IN open court and enterei IN
Section IS. If the defendant in any Grim
inai action in the municipal court except
prosecutions for violations Of section 4o51e
OF the statutes and amendments thereto. at
or before the time Of pleading TO the infor-
nation and in any bastardy proceeding
within ter days after fling Of the return
shall serve and file written demand for
trial by jury from the county at large,
the case shi u be so tried, except as herein
otherwise PR yided.
II either party, in any civil action com
msneed originally in the municipal court
sitting as court Of record, which is triabl-
before Jury, before the first term at which
the action is triable shall serve and hle a
written demand for trial by jury from the
county at large. il shall be so tried except
as herein otherwise provided.
Section SO. Unless a jury rs 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-
tons of section 45s7, statutes of 1898, and
amendments thereto, the same shall be tried
before a jury empaneled 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 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
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.
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
draw from the box three times as many
names as shall be sufficient 70 complete the
panel, and each party shall in like order
strike an equal number of 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
reqnire the same to be drawn at least
week prior TO the time fixed for trial, and
IL case a 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
Section SO. In all justice court actions
tried before the municipal judge in which
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 il 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
manner as is 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 summoning talesmen. Examination of
jurors on their voir dire shall be allowed.
Section 49, In any case above provided
for, il 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 any disinterested 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
presence of the judge, shall draw by lot from
the box containing the names on the ''Coun-
ty at Large Jury List twenty-four jurors
for such term, and shall issue yenire to
the sheriff of Fond du Lac county to sum
mon them as such. t,i#.
Upon the trial of all such cases at term
time, the trial jury shall be drawn and
empaneled as 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
Section Al. The court may in its discre-
ton for good shown allow a trial by
jury from the county at large or at term
time, in appeal cases from justice court,
prosecutions for violations of section 4587c
of the statutes and in those cases where the
parties have failed to make a demand there
for hereinbefore required.
Nothing herein contained shall be con
strued denying to the court or judge
thereof the power of ordering that any trial
jury may be completed by the summoning
In all prosecutions in the municipal court
for breach of the ordinances 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
state and follow the rules of pleading and
procedure applicable in the circuit court.
in the trial of all circuit court actions
whether appeal information, or originally
commenced by process of the form used in
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.
Section 43. In all actions or examinations
commenced by process common to justice
courts, the municipal court and judge there
Of shan have the same power. issue all wits ri,
and process throughout the county and fol-
low the rules of practice and procedure APP
plicable TO justice courts, except as herein
otherwise provided.
Section Al. In actions proceeding &C
cording to circuit court procedure an obJec'
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-
Ssdare, shall he deemed waived unless made
before commencing to strike the jury, or.
IL 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
he dismissed with costs. unless the court
in good faith, believing the procedure taken
20 be proper, in which case the court may,
in its discretion, retain the action and order
it TO continue such terms and with such
rectifcation of pleading and procedure -
may be proper and in the interest of justice.
Section As. In any action in said court,
proceeding according TO justice court pro
eedure, II the defendant shall, before the
commencement of the trial. make and hle
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 II ii were removed on such issue and
bond TO the circuit court.
Section 40, For five days after Judg
ments in all matters over which the munici.
pal Judge has jurisdiction to hear, try, and
cedure, the said judge shall have, and he is
hereby vested with the same power over
verdiets, 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 set aside verdlcts
grant new trials on payment of all costs or
on such condition as to costs as lusuee re-