Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21

exercise jurisdiction in any criminal or bas-
tardy cases, except that Justices of the peace
and circuit court commissioners throughout
the county, except in the city ard town of
Ripon, may II the manner prescribed by law,
issue warrants returnable to the municipal
court of Fond du Lac county.
Section 20. Said judge and circuit court
commissioners shall have exclusive jurisdie-
ton to institute and conduct examinations
in all criminal end pastardy 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 Grim
NAL 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 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 ac-
cused for any offense except homicide.
Section 21. 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 %. 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 sought 10 De
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 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-
ceeds that sum- and shall also have and ex-
ercise powers and jurisdiction within said
county concurrent with and equal to the
powers and jurisdiction of the said circuit
snf1c
brought for breach of any recognizance given
in said court and of all actions and pro-
ceedings under chapters LAP, las, LAT, 14S,
149. $50 and $50, statutes of 1898, and the
amendments thereto, and shall be vested with
and shall have jurisdiction, authority, pow
efs, and rights given by law to justices OF
the peace in all matters.
Section %. The provisions OF law APP
plicab BILE 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 &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 further change OF. venue as pro-
yided in section 1922 of the statutes, pro-
yided, however, that nothing herein contained
SHAH be construed as abrQgating the right
to 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
vided, further, that section 2625. 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
action, and while 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 or by fine exceeding one
hundred dollars, if the affidavit shall allege
that the municipal and circuit judges are
sid no noca SEaI1 no ran N in
adjoining circuit unless some other judge
shall be called to preside as above provided.
Section "a. No change of venue shall be
allowed 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 25. No change of venue from the
municipal. court shall be allowed in any
animation for bastardy or criminal offense
in any civil action or proceeding other
wise cognizable by q Justice of the peace
proceeding according to Justice court pro-
cedures@ N5s}til.s~' -, ,'i>s.Sl I'd .'A< ,sfIl
Section 26. A change OF venue in any civil
action OF proceeding pending before any JUS
tice of the peace of city of Fond dp 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-
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
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 tos the municipal court and the action
shall proceed in like manner as, it. originally
commenced in the municipal court -
E Section 81. A change of venue may be
taken from any justice court or the court
of an examining magistrate in the county,
exclusive of the city and town of RIpon,
the city of Fond du Lac, the towns OF Fond
:, Nd Er,a dehi and hn vii 0f
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 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 cause shown. ~
change of venue may also be taken from any
jnssicss court in the county, exclusive of the
city and town of Ripou, to the said municipal
court in aany civil action or proceeding upon
consent of both parties or. their attorneys,
and awhenSso taken proceedings snail there
after be had in the municipal court in ike
manner as if originally. commenced therein.
Section %. Appeals from justice court IN
criminal cases and in prosecutions for vlo-
lation of ordinances or charter provisions
shall be to the municipal court and return
of such appeals shall DE made thereto in
the manner and within the time provided by
law and the defendant, the complainant and
ell other witnesses required to attend snail,
in like manner as now provided by law De
committed 70 be brought, or recognized TO
appear before the municipal court at the
next term thereof. s,g ia tsf.,
j. Section 20. 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
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 filed
with the justice of the peace within five
days after the perfecting OF the appeal as
provided by section 1854 of the statutes and
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 hve
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 o. 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 ma inner,
and with like effect as from justice court.
And in determining whether there shaii De
a trial de novo such appeals, sections
3767 and 3768 of the statutes shall apply,
except that the amount specified in said sec.
lions shall be read fifty dollars instead OF
fifteen dollars.
Ssction So Appeals may be taken to the
supreme e0rrt from the judgments and or
ders OF he municipal court IN civil and
crir,iaat 70 ions. bastardE, and other pro-
ceedines. -vnernin. fine same has been tried
according t. circuit court procedure, within
the same tiii.e and in like manner as from
iudrnents and orders of the circuit court.
Section 81 fhe jury commissioners APP
pointed by the circuit judge for Fond du
Lac county shall, at the meeting. for, draw
ing the jury for the May term of each year
for the circuit court for Fond du Lac county,