The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

NOT De eHRlDle to nave MS ndiAe oPPo"A oA
either such list during the succeeding year.
and during such period OF lnehglpllty snall
be disqualified for jury service except ne
shall be summoned as Stalesmia1n: All M per,
sons not having SO served shall be eligible
for jury service during such succeeding year.
Section "a. The defendant IN every GRIM
inal action or bastardy proceeding pen 't ng
in the municipal court, sitting as a court Oh
record, may waive trial by Jury by, nouce
in writing filed with the clerk IN sald couE :.
or by waiver in open court ana ehtereu IL
Section 35. If the defendant in any GRIM
inal action in the municipal court exc ePt
prosecutions for violations OF secnon Aoo1c
of the statutes and amendments tneretot as
or before the time of pleading to the ln1or-
nation and in any bastardy proceeding
within ten days after fling of the return
trial by jury from the county at large,
the case shall be tried, except as hereln
otherwise provided II. =,
If either party, in any civil acne; aSta9n com
menced originally in the municipal court
sitting as a court of record, when IS trlsoie
before jury, before the first term at Wnlch
the action is triahle shall serve ana In me 49, q
written demand for trial by jury from the
county at large. it, shall be SO trleo except
as herein otherwise provided.
Section So. Unless jury is Is waved nScsd;n OF
section and in all civil and criminal actions
on appeal from justice court and trlaDie Pc
fore jury and in prosecutions Ior Vlola,
tons of section 1887, statutes OF 1929 ana
before a jury enlpaneled as follows: =,
At least two days. before the day; hxed
for trial, unless otherwise ordered py tne
court, the clerk shall draw in the presence
Of the court the names, of forty persons
from the box containing the names OF me
Fond du Lac Jury List The parties shall shall
nately beginning with the plaintiff. one name
at time until each party has struck WE'VE
names When all strikes, have been made
venire shall be issued for the persons whose
os,,'tn A.
order as they appear on the list, to servo as
jurors, and made returnable. on the day hXed
for trial. The jury so struck shall be called
in the order they appear upon the venlre,
and the first twelve who shah 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 aR bs co,n
pleted as follows: The clerk shall as before
draw from the box: three times as many
names as shall be sufficient to complete the
panel, and each party shall IN Ike order
strike an equal number of names until the
number remaining shall fully complete the
panel of twelve. " r -
Section 81. When trial by jury from
the county at large shall be demanded as
hereinbefore provided. the same snan DC
drawn from the box containing the names
on the County at Large Jury List IN ike
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 a trial jury of twelve shall not pc
summoned the court may require, that the
additional names be drawn from the bono
Section Ss. 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
lot from the box containing the names ON
the FOND du Lao Jury List" Tho jury
shall be struck from this list in the same
court trials, except that instead of summqn-
ing taiesmen the panel shall be completed 6y
drawing from the same box from when the
original list was obtained unless the munich
paI 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 sr, provided frnm,
the list the names which he ID entitled TO
strike, the court may direct the clerk or salo
court or any disinterested person to strike
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 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 as in circuit court The Judge
may, in his discretion, order that no jury
case the names OF jurors drawn shall be-
returned to the jury box in the presence
Section al The court may in its discre-
tion for good cause shown. allow trial by
jury from the county at large or at 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 snail De con-
dnuri IN
thereof the power Of ordering that any trlal
jury may be completed by the summoning
Of talesmen.
for breach of the ordinances or charter
provisions Of any city or village. such city
or village shall be entitled to a trial by jury.
wise specifically provided, said municipal
court shall have all the powers, issue all
writs, orders and processes throughout the
state and foley the rules Of soa apa
in the trial of all circuit court actions IONS
whether on appeal. information, or originally
crcnt Judge shall
have the powers, rights, and authority OF
the circuit judge in all matters so far as
applicable and within his jurisdiction:
Section AZ. In all actions or examinations
commenced by process common to Justice
courts, the municipal court and judge there
of shall have the same power, issue all Wits
and process throughout the county ana tol-
low the rules of practice and procedure ap'
plicable to justice courts, except as herein
otherwise provided.
Section A. In actions proceeding &C.
cording TO circuit court procedure an ONCE
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 pi eson ba 81
be dismissed with costs. unless the court
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
Ito continue on such terms and with sucn
rectifcation Of pleading, and procedure as
may be proper and ), in the interest OF justice.
Section As. In any action in said court
cedure, If the defendant shall. before the
commencement of the trial. make and nile
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 on such issue ana
bond to the circnit court. -,
Section 46. For five days after Judg'
ments in all matters over which the munich,
pal Judge has jurisdiction to hear, try. and
determine according to justice court pro-
cedure the said Judge shall have, and ne is
hereby vested with. the same power over
i proceedings in such matter. as are possessed
by the circuit court or iudge thereof over r
the. Judgments ORDERS and proceedings. 81 q
. during the trial term, and the said munich.
pal Judge may. direct or set aside verdlcts,
grant new trials .onNpayment OF al! costs or
on such condition. as to- costs as Jnstlce re-
ders of his said court or Of the judge, OF do
any act or thing which circuit courts or cir