The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29


the county, except in the city and town OF
Ripon, may in the manner prescribed by law,
issue warrants returnable to the munlclpal
court of Fond du Lac county.
Section 90 Said judge and circuit court
commissioners shall have exclusive Jurlsd1c-
ton to institute and conduct examinations
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 or bind them over for trlai az
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 a. plea. of guilty by the
: accused and q request by him to be sen
fenced, the said Judge shall have power, au-
thorty, and. jurisdiction to sentence the &C
. cused for any otfense except homicide.
Section 81. Said judge shall have exciu-
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 WIN o t Ima crcut
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 1888, 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 recognizance given
in said court and of all actions and pro-
ceedings under chapters l42, 145, lat, l4o,
149, $50 and 1853, statutes OF 1898 and the
amendments thereto, and shall be vested with
and shall have jurisdictions authority, pow:
ers, and rights given by law to justices OF
the peace in all matters
Section 23. 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 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-
vided in section 1922 of the statutes, pro.
vided. however, that nothing herein contained
shall be construed as abrogating the rlght
to the change of venue provided for by sec
ton 1921 of the statutes, and when sncn
change of venue shall be made II snail Do
by the municipal court direct to the proper
county for the trial of the aetioni ana pre-
yided further, that section 1925 of the stat
utes so far applicable, shall apply to the
municipal court and that the judge thereof
shall have the right to call upon circuit
jndge to attend, hold court and try such
action, and while so doing he shall have the
same power 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, II 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 25. No change Of venue from the
municipal court shall be allowed in any ex-
animation for bastardy or criminal offense
or in any civil action or proceeding other
wise cognizable by Justice OF the peace
proceeding according to justice court pro-
cedure.
Section g. 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
vided by sections s616 and 3617 of the stat
utes, without regard to whether the Judge
thereof is the next nearest officer quAhhed
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-
the justice shall forthwith transmit the pa
pers to the municipal court and the action
shall proceed in like manner as II 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 Rfpon,
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'
| kfnT m
sent Of both parties or their attorneys, or on
the application of either party in person or
BIZ 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 munlcipai
court, In any civil action or proceeding upon
consent of both parties or their attorneys,
and when taken proceedings shall there
after be had in. the municipal court IN IKE
Section %. Appeals from justice court In
| criminal cases and in prosecutions for vio-
lation of ordinances or charter p5ovi saonr
of such appeals shall be made thereto In
the manner and within the time provided oy
law and the defendant, the complainant ana
all other witnesses required to attend Shall,
| in like manner 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 tiled
with the justice of the peace within i've
days after the perfecting OF the appeal as
provided by section 9754 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 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
| all civil and criminal actions and proceed
| ings wherein the same has been tried &C
| .cording to justice court procedure, may De
| taken to the circuit court of Fond du Lac
| county within the same time, in like manner,
and with like effect as from a justice court.
| And in determining whether there shall be
| trial de novo such appeals sections
| 3767 and 3768 of the statutes shall apply
Hons shall be read fifty dollars instead of
| Section go Appeals may be taken to the
| supreme court from the judgments and or
| ders Of Tho municipal court ia civil and
| criminal actions bastardy, and other pro-
| ceedings, wherein the same has been trled
| according 20 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 APP,
4 80 Nov n