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


court of Fond du Lac county.
! Section 20. Said judge and circuit court
| commissioners Shall have exclusive jurisdic-
| ton to institute and conduct examinations
in all criminal and bastardy cases arising
within the city of Fond du Lac and towns
/ of Fond du Lac and Friendship, and in the
| village of North Fond du Lac and said
/ judge shall have the power and jurisdiction
| TO cause to come before him the persons so
charged with committing bastardy or Grim
| inal offense. within such district and commit
| them to jail or bind them over for trial at
| the next term of said municipal court, as the
| case may require and shall have power and
| jurisdiction concurrent with the justices of
| the peace or other magistrates throughout
| the county, and on plea of guilty by the
| accused and request by him to be SEN
fenced, the said judge shall have power, au-
| thority, and jurisdiction to sentence the &C
| cused for any offense except homicide
Section 81. Said judge shall have exclu-
| sve original jurisdiction of prosecutions for
the violation of the ordinances and charter
provisions of the city of Fond du Lac.
| Section %. The municipal court shall
| have and exercise powers and jurisdiction in
! all civil actions within the county, both in
| law and equity, concurrent with and equal
| to the powers and jurisdiction of the circuit
! court of Fond du Lac county, where the
| value of the property in controversy or the
| amount of money claimed or sought to be
| set-otfs, shall not exceed twenty-five thou
| sand dollars, and also of all actions for the
| foreclosure Of mortgages or IN proceedings
| under chapter LAB, statutes of 1893, in
which the amount claimed does not exceed
| the sum aforesaid, although the value of the
| property to be affected by the judgment ex-
| ceeds that sum, and shall also have and ex-
! ercise powers and jurisdiction within said
| county concurrent with and equal to the
| powers aud jurisdiction OF the said circuit
| court in certiorari proceedings, actions
| brought for breach of any recognizance given
| in said court and of all actions and pro-
( ceedings under chapters LAP, las, LAT, LAS,
| 149, $50 and 1853, statutes of 1898, and the
amendments thereto and shall be vested with
| and shall have jurisdiction authority, pow
| ers, and rights given by law to justices of
| the peace in all matters.
Section %. The provisions OF law APP
| plicabe to change of venue in the circuit
| courts of this state shall be applicable to the
| municipal court except as herein provided
! and except that when the venue of an ac--
| ton shall be so changed, it shall be changed
| to the circuit court of Fond du Lac county,
| and such change of venue shall not prevent
! the granting by said circuit court IN its dis
! erection, of further change of venue as pro-
| vided in section 1922 OF the statutes, pro-
| vided, however, that nothing herein contained
| shall be construed as abrOgatlng the right
| to the change of venue provided for by sec
| ton 262I of the statutes, and when such
! change of venue shall be made it shall be
! by the municipal court direct to the proper
| county for the trial of the action; and pro-
| vided, further, that section 1928 of the stat
| utes, so far as applicable, shall apply to the
| municipal court and that the judge thereof
| shall have the right to call upon circuit
! Judge to attend, hold court and try such
| action, and while so doing he shall have the
nicipal court. And in criminal cases the
| punishment whereof exceeds six months in
| the county Jail or by fine exceeding one
| hundred dollars, if the affidavit shall allege
| that the municipal and circuit judges are
| prejudiced the case shall be removed to an
| adjoining circuit unless some other Judge
| shall be called to preside as above provided.
Section ID No change Of venue shall be
| allowed as of course in any civil or criminal
| action appealed from justice court to the
| municipal court except as provided Tor by
| section 1924 of the statutes.
Section IS. No change of venue from the
! municipal court shall be allowed in any
| animation for bastardys or criminal offense
! or in any civil action or proceeding other
| wise cognizable by Justice of the peace
proceeding according to justice court pro-
| cedure-- "a t.,.4A' &.a .> 80
| Section IS. A change or in any civil
| action proceeding pending before any jus
| tice Of the peace of the city of Fond du Lac,
| and the village of North Fond du Lac may
| be taken to the municipal court at any time
| before going to trial in the manner pro-
| vided by sections 3616 and 3617 of the stat
| utes without regard to whether the judge
! thereof is the next nearest officer qualified
| by law to try the cause provided either
! party to the action shall before the trans
| mission of the papers by himself or attorney
| in writing, demand~th that said action ! be re-
moved to the municipal court in which case
| the justice shall forthwith transmit the pa
| pers to the municipal court and the action
| shall proceed in like manner as if originally
commenced in the municipal court
| taken from any justice court or the court
| of en- examining magistrate in the county,
| the city of Fond du Lac the towns of Fond
| du Lac and Friendship, and the village OF
| North Fond du Lac to the municipal court of
| Fond du Lac county in any criminal or oas-
| tardy proceeding or examination, upon con-
| sent of both parties their attorneys, or on
| the application of either party in person or
| by attorney made any time before a second
| adjournment is had in such proceeding or ex-
| animation and without cause shown.
| change of venue may also be taken from any
| justice court in. the county, exclusive OF the
city and town of Ripon, to the said municipal
court, in any civil action or proceeding upon
| consent of both parties or their attorneys,
| and when taken proceedings shall there
| after be had in the municipal court IN like
| manner as if originally commenced therein
Section %. Appeals from justice court in
| criminal and in prosecutions for VIC
lation of ordinances charter provisions
| shall be to the municipal court and return
| of such appeals shall be made thereto IN
| the manner and within the time provided by
| law and the defendant, the complainant and
| all other witnesses required to attend SHALL
in like manner as now provided by law be
| committed to be brought or recognized to
| appear before the municipal court at the
next term thereof
| Section 90. Appeals from justice court
| in civil actions where the amount OF damages
! or value of property recovered, exclusive OF
! costs, shall not exceed fifty dollars, shall
! be taken and return thereof made to the
! municipal court. In all other cases the
| court or the municipal court at the election
| of the successful party or his attorney, such
| election to be made in writing and filed
with the justice Of the peace within five We
| provided by section 1854 of the statutes and
! service of notice thereof upon the opposite
| party or his attorney and returned with the
| other papers to the appellate court: In case
| both parties appeal the election shall be made
| by the plaintiff or his attorney within Eve
| days from the time the latest appeal is SO
| perfected. In of the failure of parties
| to elect herein provided, the justice shall
make note of the same in his docket. and
make return of the appeal to the municipal
| court. The justice shall insert in the notice
or notices of appeal the court to which such
! appeal is elected to be taken. Appeals from
| judgments of municipal court for violations
! of ordinances and charter provisions and IN
| all civil and criminal actions and proceed
! ings wherein the same has been tried &C
| cording to justice court procedure, may be
| taken to the circuit court of Fond du Lac
! county within the same time, in like manner,
! and with like effect from q justice court-
! And in determining whether there shall be
trial de novo on such appeals. sections
| 3767 and 87G3 of the statutes shall apply,
| thnt tbe SDeciGpd in said