Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21


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
Tor 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-
amlnations in the municipal court Grim
ihal actions not within Justices juris-
dlction 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 his
counsel
Section , There is added to the stat
| ntes new section to read: Section 24S4a
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
\ of chapter 40 A of the statutes of Wis
consin relating to police courts as TO COM
plants warrants, trials. executions, com
nitments, and costs.
Section 2. Section 24SJ of the revised
statutes of 1878 as amended by chapter
12S of the laws of 1897, is hereby amended
| so as to read: Section 24S5. The general
| provisions of law which may, at any tlme
be in force relative to circuit courts and
to actions and proceedings therein, and
all the provisions of section 23Sz Of the
revised statutes, so lar as relates TO any
cause or proceeding which may be brought
or tried in said municipal court, shall
late to said municipal court, and the judge
thereof, unless inapplicable, and except
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
/ a no !Ta fnF Viz n1 1fC ChAI a
awarded to the prevailing party; pro-
yided, 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 have 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 f. There is added to the stat
| utes a 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 5. There is added to the stat
| uteS a new section to reaT: Section 2fS1a
! 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, aud may
| issue all warrants in the manner above
! provided for issuing the process of said
! court.
Section 6. Section 2494 of the revised
| statutes of 1873, as amended by chapter
! $50 Of the laws OF 1852, is hereby amended
! so as to read az 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
Section Z. Section 2495 of the revised
| statutes of 1878 is hereby amended SO as
| to read: Section 2495. ANY resident of
| the city or towS Of Rfpon,, against whom
OF the said municipal court, may be pend
/ ing in the circuit court OF tond
| du Lac county, may, before the time to
| answer expires serve notice of appear
! ance in such action, and with it serve
! demand that the place of trial thereof be
/ changed to the said municipal court; aud
| unless so removed by consent upon such
! service being made, 1t shall be upon mo
! ton removed by said court to
| 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 a new section to read Section 2i95a
| 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
J any time before trial in the manner pro-
! vided by sections 3G16 and 3617 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
! such transmittal to the municipal court.
! 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 o. There is added to the stat
! utes a new section to read: Section 249ta.
! The provisions of the preceding section
2497. of the revised statutes of 1878, as
! amended by chapter 100 or the laws or
1882 and chapter 12S of the laws Of 1897,
| are applicable to both civil and criminal
! actions pending in said court.
Section 10 Section 249S of the revised
statutes of 1878, as amended by chapter
216 of the laws of 1880 and chapter 128
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
hundred and fifty dollars per annum. pay
able quarterly by the city of Ripon, and
the sum of Eve hundred dollars per an
mum, 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, and 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
paid by the plaintiff at the commence
ment Of each suit as a suit tax to be APP
piled toward the salary of the Judge, and
a similar fee of one dollar shall be paid
by the person making an application for
n change OF venue in civil cases before a
Justice of the peace of the city town of
Ripon in 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 the suit tax in the case:
and all such fees paid for suit tax
shall be accounted for and paid quarterly
By said clerk to the treasurer of the
- city Of Ripon. The fees of
service of process in criminal actions and
proceedings therein, and of the witnesses
in behalf OF the state in attendance upon
the said court and OF the jurors in any