Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-08-13

inal actions triabIe 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
mai actions not within justices juris-
dlctlon under general law. and triable by
the municipal court, shall be placed on
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
counsel
Section 2. There is added to the stat
utes 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
lA of chapter 30 A of the statutes of Wis
consin, relating to police courts as to COM
plants. warrants, trials, executions, com
mitments, and costs.
Section 5. Section 24S3, of the revised
statutes of 1873, 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 time,
be in force relative to circuit courts and
to actions and proceedings therein, and
all the provisions of section 25S2 of the
revised statutes, 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
be in force in said court. But in all ac-
tons originally begun in said court
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
II is 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 court of
record. Court commissioners shall exer-
else powers relative to actions or pro-
ceedings in such court, except as herein
otherwise provided.
Section 4. 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 s. There is added to the stat
utes a new section to reaG: Section 2491a.
The clerk of the said court may examine on
oath all persons applying to said courts
for warrants may reduce their exam1na-
ton to writing and file the same, and 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 1875 as amended by chapter
100 Of the laws of 1882, is hereby amended
so as to read as follows: Section 2494.
The clerk of said court shall procure at
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 1873 is hereby amended so as
| to read: Section 1885 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
! ance in such action, and with it serve
| demand that the place of trial thereof be
| changed to the said municipal court; ana
| unless so removed by consent upon such
service being made, it shall be upon mo-
! ton removed by said court TO
| said municipal court, and the defendant
| complaint after such consent given or re-
mova1 made.
| Section s. There is added to the stat
! utes a new section to read: Section 249oa.
| A change of venue in any civil action or
| proceeding pending before any justice OF
| the peace of the city and town or Rlpon
| may be taken to said municipal court at
| any time before trial in the manner pro
yided by sections 1916 and 36l7 OF the
! Wisconsin statutes, without regard 10
| whether the judge thereof Is the next
Sol low fn
| same and the Justice shall fortnWlth
| transmit the record TO said municipal
| court and the action shall proceed as an
| action originally begun In said court; ana
| if at issue, shall be placed on the caien-
! 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 transmfttal 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 z4gla.
! The provisions of the preceding section
| o4a7 of the revised statutes of 1878, as
! amended by chapter $50 OF the laws OF
1859 and chapter 1913 of the laws Of 1897;
| are applicable to both civil and criminal
| actions pending in said court.
| Section TO- Section 249S of the revised
statutes of 1878, as amended by ehaptecc
! 2f6 of the laws of 1880 and chapter Us
| of the laws of 1897, is hereby amended so
| os 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 ave hundred dollars ,, so per an n
Fond din 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 Dy
said county. The fees of the clerk,
witnesses, sheriff, and other 9th,
| GERS shall be the same as are allowed and
! tayed 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 q suit tax to be ap-
! piled toward the salary of the Judge and
| Nv the nerson making an application for
! a change of venue In civil cases before
| Justice of the peace Of the city or town OF
| Ripon in addition to the fee Of the Justice
! now required by law, before the record
shah be transmitted to the municipal
| court on such change of venue, and IN
safd of dollar shall