The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15

! provided for and has actually served as a
{ juror IN the trial of any action processing
according 70 circuit court procedure shall
not be eligible TO have his name appear on
either such list during the succeeding year,
/ and during such period of ineligibility shall
! be dlsquaHhed Tor jury service except he
/ snail be summoned as a talesman. All per
/ sons not having SO served shall be eligible
/ for jury service during such succeeding year.
/ Section "a. The defendant in every Grim
inal action or bastardy proceeding pending
| in the municipal court, sitting as a court OF
i record, may waive a trial by jury by notice
| in writing filed with the clerk in said court
| or by waiver In open court and entered IN
| Section 35 If the defendant in any Grim
| inal action IN the municipal court except
| prosecutions for violations of section 4587c
| OF the statutes and amendments thereto, at
! or before the time OF pleading to the infor-
nation and ia any bastardy proceeding
/, within. ten DAYS after fling of the return
/ shall serve ano file written demand for
a trial by "a jury from the county at large,
/ the case shall, be so tried, except as herein
| otherwise pro- ,ded.
# either party, in any civil action com.
menced originally In the municipal court
before jury, before the FIRST term at which
| the action is triable shall serve and file a
| written demand for trial by jury from the
| county at large. it shall be so tried except
| as herein otherwise provided
| Section So. Unless jury is waived or
demand made as provided IN the preceding
| section and in all civil and criminal actions
| ON appeal from justice court and triable be-
| tions .ss section 45a7, statutes of 1885, and
amendments thereto, the same shall be tried
| before jury, enpaneled as follows:
At least two days before the day fixed
for trial, unless otherwise ordered by the
court, the clerk shall draw in the presence
of the court the names of forty persons
from the box containing the names Of the
Fond du Lac Jury List The parties shall
then strike from the names so drawn alter
nately, beginning with the plaintiff one name
at time until each party has struck twelve
names When all strikes have been made a
venire shall be issued for the persons whose
names remain on said list arranged in the
order as they appear On the list. to serve as
jurors, and made returnahie the day fixed
for trial. The jury 80 struck shall be called
in the order they appear upon the venire,
and the first twelve who shall appear and
are not challenged for cause, set aside or ex.
cused by the court shall be the jury II
remain upon the list, the jury shalt be com.
pleted as follows. The clerk shall as before
draw from the box three times as many
names as shall be sufficient TO complete the
panel, and each party shall in like order
strike an equal number Of names until the
number remaining shall fully complete the
panel Of twelve.
Section 81. When trial by jury from
the county at large shall be demanded as
hereinbesore provided the same shall be
drawn from the box containing the names
on The County at Large Jury List in like
, manner as above, except that the court may
week prior to the time fixed fer trial, and
in trial jury of twelve shall not be
obtained from the sixteen jurors originally
summoned. the court may require that the
Section SO. In all justice court actions
tried before the municipal Judge In which
jury trial may be had, the jury shall consist
Of civ opA cho1 ha in hn
following manner: The clerk, if in attend
ance and if not the Judge shall draw by
lot from the box containing the names on
the Fond du Lac Jury List The jury
shall be struck from this list in the same
manner as Is now provided for in justice
court trials. except that instead Of summon
ing taesmen. the panel shall be completed by
drawing from the same box from which the
original list was obtained unless the. munich.
pal Judge orders the completion of the jury
by summoning talesmen. Examination of
Jurors on their voir dire shall be allowed:
Section 80 Ia any case above provided
for. If either party declines to strike from
the list the names which he is entitled to
strike the court may direct the clerk Of said
court or any disinterested person: to strike
the name for said party. ~ 9%
Section 40 Al least six days prior to
any term the clerk of said court. in the
presence of the judge, shall draw BY Tot from
ty at Large Jury List twenty four jurors
for such term, and shall issue a. Velire To
the sheriff Of Fond du Lac county 7 t0 sum !,
Upon the trial of all such cases at term
time. the trial Jury she'll be drawn and.
empaneled as in circuit court The Judge
may, In his discretion order that no jury
esse me oT raWu shall T" Be
returned to- the jury box in, the presence
of said Judge
Section Al The court may in it's discre
ton for good cause shown allow trial by
q
time, in appeal cases from justice court,
prosecutions for violations of section 4587o
of the statutes and in those cases where the
parties have failed to make demand there
for as hereinbefore required.
Nothing herein contained shall be con
strued as denying to the court or judge
thereof the power OF ordering that any trial
jury may be completed by the summoning
of talesmen. 5a& tf.. IL ,4r4s. -
In all prosecutions in the municipal court
for q. breach Of the ordinances or charter
or village shall be entitled to trial by jury
Section 40. Except as in this act other
wise specifically provided, said municipal
court shall have, all the powers. issue all
writs orders, and processes throughout the
state and follow the rules Of pleading and
procedure applicable in the circuit court
in the trial of all circuit court actions
whether on appeal, information, or originally
commenced by process of the form used il
circuit court. The municipal judge shall
have the powers, rights and authority OF
the circuit Judge in all matters so far al
applicable and within his jurisdiction.
Section AZ. In all actions or examinations
commenced by process common to justice
courts the municipal court and judge there
of shall have the same power issue al wrlts
and process threu ghout the county and fol
low the rules Of practice and procedure ap-
plicable to Justice courts, except as herein
otherwise provided
Section 44. In actions proceeding &C
cording to circuit court procedure, IAN objec+
ton that the procedure should be@Rccording
to justice court procedure, or in any action
proceeding according to Justice court pro-
cedure. an objection that the procedure
should be according to circuit court pro
cedure, shall be deemed waived unless made
before commencing TO strike the jury, or,
if no jury be empaneled, before entering
upon the trial. If any such objection be
made in time, either by motion, pleading. or
objection and be sustained. such action shall
be dismissed with costs, unless the court
shall expressly find that the was started
in good faith. believing the procedure taken
to be proper, in which case the court may,
IN its discretion retain the action and order
it to Continue on. such terms and with snch
rectiieation of pleading and procedure as
may be proper and in the interest of justice.
Secfian 45. In any action in said Court,
proceeding according to justice court pro
cedure. if the defendant shall. before the
commencement Of the trial make and file
an affidavit that the title to land will come
in question, the case shall thereafter proceed
in sad court according u the same procedure
as if it-swere removed on such issue ano
bond to the circuit court.
Section as. For five days after jndg-
ments in all matters over which the munich.
pal judge has jurisdiction TO hear, try. and
cedure. the said Judge shall have. and he is
berel vested with the same power over
verdicis. judgments. rulings, order AMI the
proceedings in such matter, as are possessed
by the circuit court or judge therei,f over
the judgments, orders, and proceedings of
said court at or before trial or Judgment or
during the trial term, and the said munich.
pal judge may direct or set aside verdicts.
o1css1 "a oil