Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14

the county, except in the city and town OF
hipon, may in the manner prescribed by law,
issue warrants returnable to the municipal
court Of Fond du Lac county.
Section 60 Said judge and circuit court
commissioners shall have exclusive jurigdie-
sion 70 institute and conduct examinations
I in all criminal and bastardy cases arising
within the city of Fond du Lac and towns
Of Fond dn Lac and Friendship, and in the
village Of North Fond du Lac, and said
Judge shall have the power and jurisdiction
% 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 magistrate. throughout
the county, and On plea Of guilty by the
accused and a request by him TO be SEN
fenced, the said Judge shall have power, au-
thOrity, and jurisdiction to sentence the &C
eused for any offense except homicide.
Section 81. Said judge shall have exclu-
sive original jurisdiction of prosecutions for
the violation Of the ordinances and charter
provisions OF the city of Fond du Lac.
Section 20. 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
70 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
foreclosure Of mortgages or in proceedings
under chapter l43, 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-
ceeds that sum, and shall also have and
ercise powers and jurisdiction within said
county concurrent with and equal TO the
powers and jurisdiction Of the said circuit
court in curtlOrari proceedings, actions
brought for breach of any recognizance given
in said court and Of all actions and pro-
ceedings under chapters 142. las, lat, 146,
18g, $50 and 1871, 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 20. The provisions OF law APP
plicable 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 Wien the venue of an &C
ton shall be so changed. 10 shall be changed
10 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 abrogating the right
to the change OF venue provided for by sec
ton 1921 of the statutes, and when such
change Of verne shall be made il 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
utes, so far as applicable, shall apply 10 the
municipal court and that the judge thereof
shall have the right 10 call upon circuit
judge to attend. hold court and try such
action, and while 70 lOing he shall have the
same power as If elected judge Of tho mu-
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 "a. 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 ez-
animation for bastardy or criminal oifense
in any civil action proceeding other
wise eognizable by justice Of the peace
proceeding according to justice court pro-
cedure.
Section 90. A change or venue in any civil
action or proceeding pending before any JUS
tice 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 Lao may
be taken to the municipal court at any time
before going to trial in the manner pro-
yided by sections 3616 and 36l7 of the stat
utcs, 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 OF attorney
moved to the municipal court. in which
the Justice shall forthwith transmit the Pc
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 be
taken from any justice court or the court
of examining magistrate in the county,
exclusive of the city and town of Ripon,
the city of Fond du Lac, the towns of Fond
du Lac and Friendship, and the village of
North Fond du Lac 10 the municipal court Of
md dr. Lao fv in Uny erin nal mr. has
tardy proceeding 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 or ex-
animation and without shown.
change of venue may also be taken from any
justice court in the county, exclusive of the
city aud town of Ripon, to the said municipal
court, in any civil action or proceeding upon
consent of both parties their attorneys,
and when so taken proceedings shall there
after be had in the municipal court in like
manner if originally commenced therein.
Section %. Appeals from justice cou-t in
criminal cases and in prosecutions for vfo-
lRtion of ordinances or 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 o. recognized to
appear before the municipal court at the
next term thereof
Section 20. Appeals from Justice court
in civil actions whore the amount of damages
or value of property recovered, exclusive of
costs shall not exceed fifty dollars, shall
he taken and return thereof made to the
municipal court In all other cases the
same may he 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 filed
with the justice of the peace within five
days after the perfecting Of the appeal as
provided by section 1884 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 five
perfected. In of the failure Of parties
to elect herein provided, the justice shall
make noto of the same in hs docket and
make ret:rn of the appeal 20 the municipal
court The justice shall insert in che notice
or notices of appeal the court TO which such
appeal is elected 20 be taken Appeals from
judgments of municipal court for violations
OF ordinances and charter provisions and in
all civil ana criminal actions and proceed.
iugS wherein the same has been tried
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 Ike effect as from justice court.
And In determining whether there shall be
3-57 and 376s of the statutes shall apply.
except that the amount specified in said sec
tions shall be read fifty dollars instead OF
fifteen dollars,
supreme court from the judgments and or.
ders Of the municipal court in civil and
criminal actions. baStardy and other pro.
ceedings, wherein the same has been tried
! according 10 circuit court procedure, within
| the same time and in like manner as from
| iudEmenfs and orders of the Cirruif cnrrf