Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

ceeding pending before any justice of the peace Of the
city Of Appleton or the city of Kaukauna may be
taken the municipal any time before going
/ to trial in the manner provided BY sections 500
and S6lT of the statutes without regard
to whether the Judge thereof is the next nearest officer
qualified by law try the provided either party
to the action shall, before the transmission of the
papers, by himself or attorney. in writing demand
that said action be removed to the municipal court
| in which the justice shall forthwith transmit
! the papers to the municipal court and the action
shall proceed i'll like manner II originally com
meneed in the municipal court When any sucn
change Of venue shall be taken from justice court
| in the city of Kaukauna, : the papers shall
be sealed and delivered to the party commencing the
action his attorney to be forthwith delivered to
| the said municipal court.
tice court the of any examining magistrate
in the city Of kauksuna to the municipal court IN
eff either party in by attorney at any Tune
- change Of venue may be
taken from any other justice court in the county
to the municipal court, IN any civil action
or proceeding consent Of both parties or their
attorneys and when taken proceedings shall tnere
after be had in the municipal court in like manner
as If originally commenced therein
Il. From the fifteenth to the thirtieth days q
April in each the supervisor elect for each ward
i'll the city of Appleton shall make and return to the
clerk of the municipal court on blanks furnished Tor
that purpose list .e not less than tweny-four or
in said city eligible to serve as jurors IN said court
for the ensuing year; ana within the same
from each village and the several wards of the other
cities in said county shall each make and return
similar lists or not less than four OF more IMAM SIX
electors from their respective precincts for such sery
ice Failure file such lists to file the same in
the period limited shall Work no error. and the
municipal judge may in his discretion, order the de-
hnquent lists to be made and filed forthwith and the
wilful failure Of any such officer to comply with the
foregoing provisions the order of such judge may
be punished contempt
43. On the first secular day Of May of each year
or as soon thereafter the municipal Judge may or
der, the clerk of said court shall, in open court
draw by lot thirty-six Of the names certified from
the city OF Appleton : and the names SO
drawn together with those certified from the other
cities and the several towns and villages in the
county shall be written at length one list and
constitute the County at-Large Jury List The re-
naming certified from the city OF Appleton
| shall constitute the Appleton Jury List and :
said list shall be written out at length
and filed as above
A. Any juror on the lists made up exclusively Of
who shall remove from said city and any
Juror on the County at Large Jury List who shall
remove from the county shall have his name stricken
from the lists and withdrawn from the box in which
it has been placed the order of the court. and
the name OF any juror On either list who shall be
entitled to and claim his exemption from jury service
shall likewise have his stricken from such list
| and withdrawn from the box
49, Whenever either of the several lists shall have
become depleted by reason removals. exemptions
or otherwise the court in its discretion require
the proper town chairman and supervisors
to certify such additional names of persons eligible
for jury service as will complete the full quota from
each such town. city or village entitled to members
on such lists, and the clerk shall forthwith enter
such additional the proper list.
4S. If the defendant in any criminal action in the
municipal court except prosecutions for violations Of
section 45S7c of the statutes at OF before
the time Of pleading to the information and in any
bastardy proceeding within ten days after filing of
the return shall serve and file written demand for
trial by jury from the county at large the case
shall be tried except herein otherwise provided
II esther party in any civil action commenced
originally in the municipal court sitting court
OF record and which is trable before jury. within
ten days after Joining issue shall serve and file a
written demand for trial by jury from the county
at large 1T shall be tried herein other
wise provided.
49, Unless jury is waived or demand made as
provided in the preceding section and in all civil
and all criminal actions appeal from Justice court
and triable before jury and in prosecutions for
the same shall be tried before jury empaneled 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 Of forty
persons from the box containing the names of the
Appleton Jury List. The parties shall then strike
from the names 50 drawn, alternately. beginning with
the plaintiff, one name at a time until each party
has struck twelve names When all strikes have been
made venire shall be issued the persons whose
| names remain on said list, arranged in the same
order MS they appear on the List to serve jurors
and made returnable the day fixed for trial The
jury so struck shall be called in the order they
appear upon the venire and the first twelve who
shall appear and not challenged for cause set
aside or excused by the court shall be the jury. If
less than twelve of the jurors appearing remain upon
the list. the Jury shall be completed follows The
clerk shall before draw from the box three times
as many names 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.
81. In all justice court actions tried before the
municipal Judge in which Jury triad may be had,
the jury shall consist of six persons and shall be
drawn in the following manner: The clerk if in at
tendance and If not, the Judge. shall draw by lot
from the box containing the names the Appleton
Jury List eighteen names and make a list
thereof 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 summonng tales
men the panel shall be completed by drawing from
the same box from which the original list was OBJ
tanned unless the municipal Judge orders the com
pleton Of the jury by summoning talesnen.
So The judge OF said court shall be empowered to
set certain dates not than four in each year.
when regular terms Of court Will be held. at which
time he will take up for trial in the order OF issue
Joined and without notice Of trial being served all
from the county at large shall have been demanded
as above provided. In the Judge Of said court
does not designate term terms Of court, then
and In that event each term Of said court
May first each year and ends April S0th following.
54 At least six days prior to the time set for
any such term the clerk Of said court in the pres
ence Of the judge. shall draw by lot from the box
containing the names on the County at Large Jury
List" - thirty-six jurors for such term and
shall issue venire to the sheriff Of outagame
county to summon them such.
Upon the trial OF all such cases at term time,
the trial jury shall be drawn and empaneled as in
the circuit court.
55. The may In its discretion for good cause
shown allow trial by jury from the county at
large term time. in appeal cases from Justice
court prosecutions for violation Of section 45s7c Of
the statutes and IN those where
the parties have failed to make demand therefor
heTeinbefore required.
Nothing herein contained shall be construed as
denying to the court judge thereof the power of
ordering that trial jury may be completed by the
summoning Of talesmen
In all prosecutions in the municipal court for
breach Of the ordinances charter provisions of any
city or village such city village shall be entitled
to a trial by jury and shall not be required to
advance the Jurors fees.
so. In any action proceeding according to Justice
procedure. if the defendant shall at the time
and In the provided by sections 1919 and
$500 Of the statutes make an affidavit that
the title TO land will in question and give a
bond of the amount and form there provided condi-
toned that II the trial Judgment BE- rendered
against him such issue Of title, he will pay such
Judgment the shall thereafter proceed in said
court according 70 the procedure as ii il were
removed such issue and bond to the circuit court
81. The municipal judge may sign In blank any
summons, writ or other process to the prac-
ttce In civil actions in Justice court and deliver the
same to attorneys Of courts Of record to be issued
by them occasion require. substantially in the
provided by section 1894 of the statutes
The attorney issuing the same shan
within twenty-four hours thereafter file with the
municipal court the AFFIDAVIT. IL any, upon which
such summons, writ other process was based and
q statement Of the names Of the parties to the ac-
ton, the date of the summons, writ process the
time when the Is returnable and the nature Of
the demand claim, upon which the judge of said
court shall forthwith docket said case and which
docket entries shall have tbs same force and effect
"a a n he