Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

and the same proceedings shall be had by
the parties to procure such wrtts and pro-
cess as In circuit courts and such Writs
and process shall be issued, executed and
returned in the same manner and with
like effect as In the circuit courts
Section B. All examinations, recogni-
hafees and COMMITMENTS from or by any
examining magistrate OF SAID county IN
baetardy eases and In all criminal actions,
except charges Of murder, manslaughter
and homicide, shall be certified and re-
turned to such county court, instead OF TO
the circuit court for said county, WITHIN
the time prescribed by law, and the at.
tendance of witnesses upon the trial OF
any person SO committed shall be secured
in the same manner as provided by law
in the circuit court, and said court snail
have power to appoint any attorney or
counselor to defend person charged with
any offense in the same manner and
upon the same conditions as the circuit
court may now or hereafter appoint any
attorney or counselor to defend persons
charged with any offeDse.
Section 6. Every issue of law in any
civil action or proceeding In said court,
and every issue of fact in any action
heretofore cognizable only in a court Of
equity, shall be tried by the court but
the court may order such issue OF fact
in a civil case properly triable by
jury, and not heretofore cog
nizable in a court of equity, shall, on de-
mand of either party, as hereinafter pro-
vided. be tried by jury of not less than
twelve persons, unless a less number be
agreed upon by the parties, and ii no jury
be demanded by either party, shall be
tried by the court. Every criminal ac-
ton shall be tried in the same manner
as in the circuit court, unless jury is
expressly waived as herein provided.
Section 7. 1. The county judge shall have
all the jurisdiction and powers that are
now or hereafter may be conferred upon
justices of the peace in said county In all
civil and criminal actions and proceed
ings and the power to hear and determine
all such cases although the title to land
may come int question therein, but shall
not have the power to hold preliminary
examinations in bastardy actions or in
criminal cases.
e. All provisions of law which may at
any time be in force relative to justices
courts, to actions and proceedings and
judgments therein. and appeals there
from, in civil and criminal cases, shall
apply to said county court, SO far as APP
plicable, except as ,therwise provided in
this section.
s. The photographic reporter, when
directed by the court or presiding judge
thereof shall report the proceedings Of
trials as in other cases, and no charge
shall be made against the parties there
for, unless transcript Is furnished I'M
der the provisions of section % of this
act.
4. The clerk of said court shall keep
a justice docket, shall have the care and
custody of all books, papers and records
therein, shall be present at all trials, shall
administer oaths, shall issue process as
in other cases, shall tax the costs, and
perform all other clerical and ministerial
duties required of and imposed upon JUS
tees Of the peace in such cases, and per-
form all such duties by and under the
direction of the judge of said court For
all services so performed he shall receive
the same compensation justice of the
peace would receive, except he shall re-
ceiVe nothing for taking testimony and
his fees shall in no case exceed five dol
lars.
S. All fines and all costs collected by
the clerk in every civil action and in all
criminal prosecutions and proceedings un-
der the general statutes of this state tried
or determined by the county court, which,
If tried or determined by justice of the
peace would be paid over to the county
treasurer, shall be accounted for and
paid over quarterly by the clerk Of said
county court unto the county treasurer Of
the county of Lafayette.
6. Costs and fees shall be taxed and
allowed In the same amount as would
be allowed in justice court except clerk s
fees shall be taxed at q sum not to eX-
coed five dollars, and the taking down Of
evidence shall not be charged for or
taxed.
T. The fees of the witnesses, Jurors
anu OIIlCGIS Sfldll US lIlc SdiIl0 DIS WOulu NC
allowed in justice court for similar SER
vices except when otherwise provided.
8. The judge of said court shall be dis
qualified to hear or determine any case
in which he shall have acted as counsel
for either party, except by agreement of
the parties.
9. In case of the disqualification of said
judge to hear, try or determine any case,
or in case of his disability, sickness or
temporary absence, or in case of change
of venue from him in any case he shall
by an order in writing filed and recorded
in said court, appoint properly qualified
Justice Of the peace, not otherwise dis
qualified, to discharge the duties of such
judge relative to such action or proceed
ing, or during such disability, sickness
or temporary absence. The justice of the
peace so appointed shall in every case
have all the powers of such judge over
the actions and proceedings that may
come before him. He shall receive for
his services the sum Of five dollars per
day to be paid out Of the county treasury.
10. When acting under the provisions
of this section said court shall not be a
court of record and no state tax shall be
collected on cases commenced in said
court by virtue of this section.
II. The provisions of this section snail
apply only to actions and proceedings
within the jurisdiction of justices of the
peace and to no other actions or proceed
Ings whatsoever. And no other section Of
this act shall have any application what
P1OSSS%AiiSo
the Jurisdiction of justices of the peace.
Section g. All judgments. orders and
DEGREES, made and entered in and by
said county court shall have the same
force, effect and lien, and be executed
and carried into effect and enforced as
judgments, orders and DEGREES, made and
entered in the circuit court, and all the
remedies given, and proceedings pro-
vided for the collection and enforcement
of the judgments, orders and DEGREES of
the circuit court, shall apply to and be
exercised by and pertain to said county
court
Section 8. All orders and judgments
of said county court may be reviewed by
the supreme court in the same manner
and with like effect that judgments and
orders of the circuit court may be re-
viewed; and the supreme court shall have
the same power and jurisdiction over
such actions, proceedings, orders and
Judgments as It has over actions. pro-
ceedings, orders and judgments in the
circuit court of said county, and the par
ties shall have the same rights to writs
of error and appeal from said county
court to the supreme court of this state
as now, or may hereafter be. allowed
by law from circuit courts of this state and
may demand and shall be entitled to re-
ceive from the judge of said county
court bill of exceptions or case and have
the same settled in the same manner
and under the same restrictions as in the