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

for any reason the court is not in session
on the day for which the motion or trial
has been noticed the same shall stand
for argument or trial at the next session
day at which the court may be sitting.
The rules of practice for the trial of Grim
inal actions triable by general law by
justices of the peace, and the conduct of
examinations, shall pertain to the trial of
such actions and the conduct of such ex-
aminations in the municipal court Grim
inal actions not within a Justices juris-
diction under general law, and triable by
the municipal court, shall be placed
the calendar for trial at the next succeed
ing term of said court, but may be brought
on at an earlier date by consent of the
district attorney and defendant or his
counsel
Section g There is added to the stat
utes a new section to read Section 2484a
Said municipal court shall have exclusive
jurisdiction of prosecutions for the breach
of ordinances of the city of Ripon and
shall proceed in such prosecutions and be
governed by the provisions of sub chapter
TX of chapter 40 a of the statutes of Wis
consin, relating to police courts as to COM
plants, warrants, trials, executions, COM
mitments, and costs.
Section 3. Section 24s5, of the revised
statutes of 1878, as amended by chapter
12S of the laws of 1897, is hereby amended
so as to read: Section 24SJ. The general
provisions of law which may, at any time,
to actions and proceedings therein, and
all the provisions of section 1852 of the
revised statutes, so far as relates to any
cause or proceeding which may be brought
or tried in said municipal court shall re-
late to said municipal court and the judge
thereof, unless inapplicable, and except as
herein otherwise provided; and the rules
of practice prescribed by the justices of
the supreme court for circuit courts shall
be in force in said court. But in all ac
lions originally begun in said court, as
well as in all actions brought to said court
on change Of venue from the Justice court,
or on demand from the courts Of records
as hereinafter provided, costs shall be
awarded to the prevailing party; pro-
vided no more than ten dollars attorneys
fees shall be taxed unless the judgment
for damages amounts to one hundred dol
lars, nor more than FIVE dollars, unless
the judgment for damages exceeds fifty
dollars. If judgment is given for the de-
PENDANT he shall recover the same costs
that the plaintiff would h. We recovered if
he had established the demand in his
complaint. No attorney fee shall be taxed
in favor Of any party not appertaining in
said court by an attorney of a court of
record. Court commissioners shall exer-
else no powers relative to actions or pro-
ceedings in such court, except as herein
otherwise provided.
Section 4. There is added TO the stat
utes q new section to read Section PASTA.
No person shall be eligible to the office of
Judge of said court unless he be an at
torney duly admitted to the bar Of Fond
du Lac county and entitled to practice in
the courts Of this state and a qualified
elector and free holder of said city or
town Of Ripon, and during his term of
Office he shall not practice his profession
in any of the courts of said county except
in matters over which his court has no
jurisdiction
Section s. There is added to the stat
utes a new section to rea0: Section 249la.
The clerk of the said court may examine on
oath all persons applying to said courts
for warrants may reduce their examina-
ton to writing and file the same, and may
issue all warrants in the manner above
provided for issuing the process of sdid
court
Section 6. Section 2494 of the revised
statutes of 1873 as amended by chapter
$50 of the laws Of 1882, is hereby amended
so as to read as follows: Section 2494.
The clerk Of said court shall procure at
the expense Of the county OF
Fond du Lac all necessary blanks, print
ing, stationery, docketS, and other record
books required by said court; and he shall
procure, under the direction and with the
consent of the common council of said
city of Ripon, or the order of the mu-
nicipal judge, all necessary court and jury
rooms, furniture, book and paper cases.
books, desks, lights, and fuel for said
court and clerks at the expense of the
city of Ripon.
Section Z. Section 2495 of the revised
statutes OF 1873 is hereby amended so as
! to read; Section 2495. Any resident OF
( the city or town of Ripon, against whom
any civil action, within the jurisdiction
Of the said municipal court, may be pend
ing in the circuit court OF Fond
du Lac county, may, before the time to
answer expires, serve notice OF appear
ance in such action, and with 1t serve q
demand that the place of trial thereof be
changed to the said municipal court; and
unless so removed by consent upon such
service being made, it shall be upon mo-
{;a,, NV caid Pf IN
said municipal court, and the defendant
shall have twenty days to answer the
complaint after such consent given or re-
moval made.
Section s. There is added to the stat
utes new section to read Section 2495a.
A change of venue in any civil action or
proceeding pending before any justice of
the peace of the city and town of Ripon
may be taken to said municipal court at
any time before trial in the manner pro-
vided by sections 36l6 and 1917 of the
Wisconsin statutes, without regard to
whether the judge thereof is the next
nearest officer qualified by law to try the
same; and the Justice shall forthwith
transmit the record TO said municipal
court and the action shall proceed as an
action originally begun in said court; and
if at issue, shall be placed on the calen-
dar for trial at the next succeeding SEES
sion day. If no complaint shall have been
fled, the plaintiff shall be required to
serve his complaint within five days after
! l.
/ The venue shall not be again changed on
/ the application of the party who procured
| the change from the Justice court for
| prejudice Of the judge.
| Section 0. There is added to the stat
! utes a new section to read Section 2497a.
The provisions of the preceding section
2497, of the revised statutes of 1878, as
amended by chapter $50 of the laws OF
1882 and chapter 1913 Of the laws OF 1897,
are. applicable to both civil and criminal
! actions DpQdinp in said c0Drt
Section TO- Section 249S of the revised
statutes of 1878, as amended by chapter
216 of the laws or 1880 and chapter 12S
OF the laws of 1897, is hereby, amended so.
as TO read Section 249S. The salary of
the judge OF the said court shall be two
I hundred and fifty dollars per annum pay
able quarterly by the city of Ripon and
| the sum Of five hundred dollars per an
num- payable quarterly by the county Of
! Fond du Lac out Of the treasury of said
| county, and such further compensation as
the county board Of Fond du Lac county
shall determine to be paid quarterly by
said county. The fees OF the clerk,
witnesses, sheriff, aud other Off
! GERS shall be the same as are allowed and
! taxed in the circuit court in civil actions
| and proceedings and be paid In the same
manner. The sum of one dollar shall be
! paid by the plaintiff at the commence
ment Of each suit as suit tax to be ap-
! piled toward the salary of the Judge, and
a similar fee Of one dollar shall be paid
( by the person making an application for
change Of venue in civil cases before a
! Justice of the peace of the city or town of
Ripon Ia addition to the fee Of the justice
now required by law, before the record
shall be transmitted TO the municipal
! court on such change OF venue and in
such case the said sum of one dollar shall
be transmitted to the clerk of the mu-
nicipal court as the suit tax in the case
and all such fees paid for suit tax
| shall be accounted for and paid quarterly
no tpca nf fI1h