Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1909-07-08

! either such list during the succeeding year,
and during such period of ineligibihty shall
! pc dlsqoahhed for jury service except he
shall be summoned as a talesman. All per
| sons not having served shall be eligible
lor !ury service during such succeeding year.
Section "a The defendant in every crIm-
lDaI action 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
the clerks minutes
Section IS. If the defendant in any Grim
lnal action in the municipal court except
prosecutions for violations of section 4567c
OF the statutes and amendments thereto, at
or before the time of pleading to the INF or
Nygithin ten days after filing of the return
shall serve and file a written demand for
a, trial by jury from the county at large.
otherwise provided
nos either party, in any civil sctiqn com.
before jury, before the first term at which
the action is triabls shall serve and hle Il
written demand for trial by jury from the
county at large, it shall be tried except
as herein otherwise provided.
Section 30 Unless jury is waived or
demand made rs provided in the preceding
section and IN all civil and criminal actions
on appeal from justice court and tEiable be-
fore q jury and in prosecutions for viola
tons Of section 4587, statutes of 1898, and
amendments thereto, the same shall be tried
before 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. " hen all strikes have been made q
venire shall be issued for the persons whose
names remain on said list arranged in the
order IS they appear on the list, to serve as
Jurors, and made returnable on the day fixed
for trial The jury so struck shall DO called
In the order they appear upon the yenlrs
and the first twelve who shall appear and
are not challenged for. cause, set aside or eI-
cused by the court, shan be the jury. II
less than twelve of the Jurors appearing
remain upon the list the jury shall be oorn-
pleted as follows: The clerk shall ss before
draw from the box three times as many
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. =
the county at large shall be demanded as
hereinbefore provided, tho same shall be
drawn from the box containing. the names
on 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 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
du Lac jury List
Section So. In al 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, II In attend
ance, and if not, the judge shall draw by
lot from the box containing the
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 pane! shall be completed by
drawing from the same box from which the
or ginaI list was obtained unless the munich
pal judge orders the completion of the jury
by sunmoning talesmeR. Examination Of
jurors on their voir dire shall be allowed
Section 80. 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 Largo Jury List twenty -four jurors
for such term, and shall Issue Venire to
the sheriff of Fond du Lac county to sum
mon them such.
Upon the trial Of all such cases at term
time, the trial jury shall be drawn and
empapeled 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 Do1 IN ths prekehco
Section Al. The court may in its discre.
ton for good cause shown allow a trial by
jury from the county at large or st term
prosecutions for violations OF section 4567o
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 oon-
Btrued denying TO the court or. Judge
thereof the power Of ordering that any trial
ha Cd hU ha IN n y
of taIesnen.
In oil prosecutions in the municipal court
for breach Of the ordinances or charter
provisions Of any city village, such city
or village shall be entitled 20 trial by jury.
Section AZ. Except as in this act other,
wise specifically provided, said municipeI
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, OF 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 shall have the same power, issue all Writs
and process throughout the county and fol-
low the rules Of practice and procedure aP-
plicabe to justice courts, except IS herein
otherwise provided.
Section A. In actions proceeding &C
ccrding 70 circuit court procedure, an oblec-
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 10 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 di smissed with costs, unless the court
shall expressly fnd that the same was started
in good faith believing the procedure taken
TO be proper, in which case tho court may,
in its discretion, retnin the action and order
II to continue such terms and with such
rectifcation of pleading and procedure as
may be proper and in the interest of justice.
Section IS. In any action IN said court,
proceeding according to justice court pro-
commencement of the trial, make and 6'e
an affidavit that. the title to land Will come
in question. the case shall thereafter proceed
in said court according to the same procedure
bond to the circuit court
Section As, For five days after !udg'
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 he IS
hereby vested with the same power over
verdicts. judgn ents, rulings, order, and the
proceedings in such matter, IS are possessed
by the circuit court or judge thereof over
the !udgm ents, orders, and proceedings of
said court at or before trial 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
Quires, modify or reverse judgments and Or
ders of his said court OF Of the judge, or do
any act or thing which circuit courts or cir
cult judges may do with reference TO pro-
ceedings therein during term time being
governed by the general law and practice
Of the circuit courts as near as may be,
where the rules of law and procedure for
1rtc ar