River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1909-07-15

village of North Fond du Lac shall have or
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 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
commissioners shall have exclusive Jur1sdlc-
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 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, at1-
thority, and jurisdiction to sentence the ac-
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.
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
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
court in certiorari. proceedings, actions
brought for breach of any recogn1zance given
in said court and of all actions and pro-
ceedings under chapters LAP, 145, LAT, 148,
I49, $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 g. 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 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 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 SEQ
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-
yided, 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
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 or by fine exceeding one
hundred dollars il 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
section 1924 of the statutes:
Section rs. No change of venue from the
animation for bastardy or criminal offense
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
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 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 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 27. A change OF venue may be
taken from any JUSTICE court or thu the E0@Ts
exclusive of the city and town OF hlponY
the city of Fond du Lac, the towns of Fond
du Lac and Friendship, and the village OF
Fond du Lac county in any criminal or pas
tardy proceeding or examination, upon con-
sent of both parties or their attorneys, or on
the application of either party IN person OF
by attorney made any time before second
adjournment is had in such proceeding or ex.
animation and without cause shown. A
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 SO taken proceedings shall there
after be had in the municipaI court IN IKE
manner as if originally commenced therein.
Section IS. Appeals from justice court IN
criminal cases and in prosecutions Tor vlo-
lation 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, De
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
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
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 hve
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
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 ac-
cording to justice court procedure, may be
taken to the circuit court of Fond du Lao
county within the same time, in like manner,
and with like effect as from justice court.
And in determining whether there shall be
a trial de novo on such appeals, sections
3767 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.
Section 3d. Appeals may be taken to the
ders of the municipal court in civil and
criminal actions, bastardy, and other pro-