The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-07-15

J provided for and has actually served Us u
juror In the trial OF any action prccecJh,ni
according to Circuit court procenure SUI
D. not be eligible TO have his name appcal w
either such list during the succeeding yea;
! and during such period Of lnehslplIl.y snn
| he disqualified for jury service except ne
| shall be summoned as talestnah Az ~,
sons not having SO served shall De ehsanie
! for jury service during such succeeding yIaI'
/ Section "a. The defendant in every crinl.
inal action or bastardy proceeding pemein ~
in the municipal court, sitting as court u
record. may waive trial by Jury by notice
! in writing filed with the clerk IN said e9u Z.
| or by waiver in open court ant e"'eieu ~
! the clerk minutes.
| Section 35 II the defendant in any Grim
! inal action in the municipal court except
| prosecutions for violations OF section 1850
| of the statutes and amendments thereto, at
or before the time of pleading to the inior.
ma,icn and in any bastardy proceeding
within ten days after filing of the return if
shall serve and Ale written aethahG ior
trial by a jury from the county at iaret'
the case shall he SO tried, except as hereia
otherwise provided
II either party in any civil action com.
menced originally In the municlpa' court
sitting as u court of record. which is triahie
before jury. before the irst term az whic 4
the action is triable shall serve ana NE a
written demand for rial ny Ipry rom a ane
county nj large. it shall be so tTieo except
ms herein otherwise provided II.
Section 80. Unless jury is waived or
demand made as provided in the Preeeeln :
becliDL dUu IN Ill civil anu VI ihi'''".
on appeal from justice court ana trlauie pe'
fore a jury and in prosecutions ior VioIa,
tions Of section ASST statutes al 1878 ana
amendments thereto. the same shall be tried
before a jury enpaneled RS follows!
At least two days Before the day nHeh
Ter trial. unless otherwise ordered by me
court the clerk shah draw IN the presence
OF the court the MINES 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 ailei
nately, beginning with the plaintiff. ONE na,us
al n time until each party has struck twelve
names, When all strikes have been mace
venire shall he issued for the persons whose
names remain on said list arranged u me
order MS they appear on the tlsf 10 serve as
jurors and made returnasle on the day hXed
for trial The jury 50 struck shall he called
in the order they appear upon the VehIre,
and the first twelve who shall appear and
are not challenged for cause set aside or ex
cused by the conrt. shall he 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 TO complete the
panel. and each party shall in like order
number remaining shall fully complete the
panel Of twelve.
Section 81 When trial by jury from
the county at large shall be demanded as
herenhef"re provided. The same shaH De
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 nj least ons
In case trial jury Of twelve shall not be
obtained from the sixteen jurors originally
summuned, the court may require that me
additional pemes be drawn from the POND
du Lac Jury List
Section Is 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 he drawn In tho
e,n ,sri,, .lo N nj d.
ance, and il not, the Judge shall draw by
lot from the box containing the names on
the Fond du Lac Jury Last. 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 tsIesmen 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 complexion Of the jury
by su1omoniug tafesmen Examination OF
jurors on their vor dire shall be allowed;
Section 80 10 any case above provided
the list the names which be is entitled to
strike the court may direc, the clerk of said
court or any disinteres;ed person to strike
Section 40 Al least six days prior TO
any term the clerk Of said court. in the
presence Of the judge, shall draw by lot from
the Log containing the names on the Coun
for such term. and shall issue a ven!re 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
empeneled 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 DO
returned to the jury box in the presencs
of said judge
Section al The court may in it's discrs
ton for good cause shown allow a trial by
Jury from the county OF large or at term
tiu,p IN ou1,pal from lusflcp court,
prosecutions for violations Of section 45s7c
of the statutes and in those cases where tho
parties have failed to make demand there
for ms hereinhefore required.
Nothing herein contained shall be con
strued as denying 10 the court or judge
thereof the power If ordering that any trial
jury may be completed by tha summoninE
of talesmen.
In all prosecutions in the municipal cours
for breach Of the ordinances or charter
provisions Of any city or village. such clty
or village shall be entitled TO trial by jury
Section ~ Except az in this act other
wise specifically provided said municipal
court shall have all the powers issue all
writs orders md processes thronshout the
state ard follow The rnles Of pleading and
procedure applicable in the circuit court,
In the trial Of all circuit court actions
whether on appeal information, or originally
commenced by process Of the form used VI
have the powers rights. and authority OF
the circuit Judge in all matters so far al
applicable md within his jurisdiction.
Sectior 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 writs
and process throughout the county and tol
low the rnles II practice and procedure ap
plicahle to Justice courts, except as herein
otherwise provided
Section A In actions proceeding &C
cordng to circuit court procedure. an oblec
tion that the procedure should be according
J., -, In NJ
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
Lefore commencing to strike the jury or
IL no jary be empaneled. before entering
upon the trial II any such objection be
made In time, either by motion, pleading or
objection and be sustained, such action shall
be dismissed with costs. unless the court
shall expressly find that the same was started
in good fnith. believing the procedure taken
to be proper in which cnse the court may
Ia its discretion. retain the action ana oroer
1t 10 continue on such terms and with such
rectifcntion of pleading and prncedn'e as
may be proper and in the interest OF justice
Sortipn As In any action 10 sad court
preceding according to justice court pro
ccdure. il the defendant shall, he'"re ne
commencement Of the trinl. make an" ne
m anidrrir that the title to land VIII come
In question, the case shall thereafter proceed
in said cnrrt according !. the same PROCEDURE
as II it were removed on such issue ano
bond to the circuit court.
Section d6 For FIVE days after lndg
men,s in all matters over which the munici
pal Judge hiss jurisdiction TO hear, try ano
determine according to justice c"nr' PRO
cedure the said judge shall have and he is
herel Y vested with the same power over
verdicis judgments. rulings order AMI me
proceedings in such matter. as are possessed
by the circuit court or judge thereof over
the judgments. orders. aud proceedings OF
snid court Mt or before trial or Judgment on
ln Ip trial and the SAlu tnnnlrl
mi iudra NAV rect or set aside verdicts,
yrr,t ns,y t,,igls an poyment OF all costs or