Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1909-07-08


( the county, except in the city and town OF
Ripon, may in the manner prescribed by law;
; issue warrants returnable TO the municipal
court of Fond du Lac county.
Section 20. Said Judge and circuit court
I commissioners shall have exclusive JurlsdIe-
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 OfeDSe, within such district and commit
/ them to Jail or bind them over for trial at
the term Of said municipal court, as the
! case may require, and shall have power and
| jurisdiction concurrent with the justices OF
I the peace or other magistrates throughout
! the county. and on a plea OF guilty by the
/ accused and request by him to be sen
( fenced, the said Judge shall have power au-
/ thOrity, and jurisdiction 20 sentence the &C
! cused for any ofense except homicide.
Section q. Said Judge shall have e1ciu-
/ sive 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 the
! amount Of money claimed sought to be
! recovered, after deducting all payments and
set-offs, shall not exceed twenty-five thou
sand dollars, and also Of all actions for the
7 foreclosure Of mortgages or in proceedings
under chapter 143, statutes of 1898, in
! which the amount claimed does not exceed
the sum aforesaid although the value of the
property to be affected by the judgment ex-
cceds that sum, and shall also have and
J ercise powers and jurisdiction within said
! county concurrent with and equal to the
! powers and jurisdiction Of the said circuit
! court N certOrarl proceedings, actions
| brought for breach Of any recOgniZance given
/ IN sad court and Of all actions and pro-
ceedjngs under chapters 142, 145, LAT, 14S,
and - crz into of md ha
amendments thereto, and shall De 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 ap'
! plicable to change Of venue in the circuit
courts Of this state shall be applicable to the
municipal court except herein provided
and except that when the venue Of an &C
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 a further change Of venue pro-
vided in section 1922 of the statutes, pro-
vided, however, that nothing herein contained
shall be construed as abrogating the right
10 the change of venue provided for by sec
ton 1921 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 1925 of the stat
UteB, so far applicable, shall apply to tho
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
same power as if elected judge Of the mu-
nicipal court. And in criminal cases the
punishment whereof exceeds six months IN
the county jail by o fine exceeding one
hundred dollars, if the affidavit shall sllege
that the municipal and circuit judges are
prejudiced, the shall be removed to an
adjoining circuit unless some other judge
shall be called to preside as above provided
Section d. 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 for By
section 1924 of the statutes.
Section rs. No change Of venue from the
municipal court shall be allowed in any ex-
animation for bast8rdy criminal ofenBe
or in any civil action or proceeding other
wise cognizable by q justice Of the peace
proceeding according to justice court pro-
cedure.
Section 26. A change OF venue in any civil
action or proceeding pending before. any JUS
tics of the peace of the city of Fond du Lac,
the towns Of Fond du Lac and. Friendship
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
Yided by sections 3fl6 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 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 il originally
commenced in the municipal court
Section 81. change OF venue may De
taken from any justice court or the court
of an 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 bas'
tardy proceeding or examination, upon con.
sent OF both parties or their attorneys, or on
the application Of either party in person or
by attorney made any time before second
adjournment is had in such proceeding OK eT-
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 their attorneys,
and when taken proceedings shall there
after be had in the municipal court in like
manner if originally commenced therein.
Section % Appeals from justice court in
criminal cases and in prosecutions for vlo-
lRtion of ordinances charter PROVISIONS
shall be TO the municipal court and return
of such appeals shall be made thereto N
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 st the
next term thereof.
Section %. Appeals from Justice court
in civil actions where the amount OF damages
or value of property recovered, exclusive oI
costs shall not exceed fifty dollars shall
be taken and return thereof made to the
municipal court. In all other cases the
same may be taken to either the circuit
court or the municipal court at the election
of the successful party or his attorney such
election to be made in writing and hled
with the justice of the peace within i've
DAYS after the perfeCting of the appeal as
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
bv the plaintiff or his attorney within five
days from the time the latest appeal IS so
perfected In case of the failure of parties
to elect as 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 a justice court.
And in determining whether there shall be
a trial de novo on such appeals sections
1857 and 976S Of the statutes shall apply,
except that the amount specified IN sad sec.
tiOns shall be read fifty dollars instead Of
Section 80. Appeals may be taken to the
supreme court from the judgments and or,
criminal actions bastardy and other pro.
ceedinCs wherein The same has been tried
according to circuit court procedure, within
the same time and in like manner as from
judgments and orders OF the circuit court.
Section 81 The jury commissioners ap-
pointed by the circuit judge for Fond du
Lac county shall, ct the meeting Tor draw
ing the jury Tor the May term OF each year
for the circuit court for Fond du Lac county,
furnish to the clerk Of said municipal court
a list containing such number OF names So