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

ing, or is a material witness. or is with
| in the forbidden degree Of consanguinfty,
! or from prejudice will not decide impair
| tally in the matter, he may. In his dis
erection, in like manner and with like ef-
/ feet as provided by section 8 of this act.
call in the circuit judge or county judge
- to try the said action or take such
examination, and while SO doing or pro-
! ceeding the provisions Of said section
| Of this act shall apply in all their force
36. A change of venue in any civil ac-
! ton or proceeding pending before any
| ton or the city of Kaukauna may be
| taken to the municipal court at any time
| before going to trial in the manner pro-
| vided by sections 1915 and 1917 of the
| statutes s without regard to whether
! the judge thereof is the next nearest OF
/ ficer qualified by law to try the cause,
| 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 mu-
nicipa1 court in which case the justice
| shall forthwith transmit the papers to
the municipal court and the action shall
| proceed in like manner as II originally
| commenced in the municipal court
/ When any such change Of venue shall be
taken from a justice court in the city OF
| kaukauna, the papers shall be seal
| ed and delivered to the party commencing
| the action or his attorney TO be forthwith
| delivered to the said municipal court.
| from a Justice court Or the court OF any
| examining magistrate in the city OF Kali
| kauna, to the municipal court In any
| criminal action or examination on the
| application of either party in person or by
| attorney at any time A change or
| venue may y - be taken from any other
justice court in the county to the munich
pal court, in any civil = action or pro-
ceeding upon consent Of beth parties or
| their attorneys, and when 50 taken pro
! ceedings shall thereafter be had in the
TO- a 81
| originally commenced therein
AZ From the fifteenth to the thlrtleth
| days of April in each year, the super.
visor elect for each ward in the city OF
| Appleton shall make and return to the
! clerk Of the municipal court, on blanks
furnished for that purpose, list Of not
less than twenty-four or more than thirty
| electors from their respective wards IN
| said city, eligible to serve as jurors IN
| said court for the ensuing year;
and within the same time the chairman
of each town and the supervisor from
each village and the several wards OF the
| other cities in said county shall each
make and return similar lists of not less
than four or more than six electors from
| their respective precincts for such ser
vice. Failure to file such lists or to file
the same in the period limited shall
work error. and the municipal Judge
| may in his discretion, order the DEM
| with and the wilful failure OF any such
officer to comply with the foregoing pro-
visions or the order of such judge may be
| punished as contempt.
49, On the first secular day Of May OF
| each year or soon thereafter as the
municipal judge may order. 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 cities and the several towns ana
villages in the county shall be written
out at length on one list and filed by the
| clerk in said court and the same snail
constitute the County -at-large Jury
! List" The remaining names certified
from the city of Appleton shall conStl-
tute 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 eX-
| cusively of electors Of the city OF
Appleton = 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 1t has
been placed, upon 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 shah like
wise have his name stricken from such
list and withdrawn from the box.
As Whenever either of the several
lists shall become depleted by reason of
removals, exemptions or otherwise the
court may in it's discretion require the
proper town chairman and super.
persons eligible for jury service as viii
complete the full quota from each such
town, city village entitled to members
on such lists, and the clerk shall forth
with enter such additional names on the
proper list
49, If the defendant in any criminal
action in the municipal court except
prosecutions for violations of section
the time of pleading to the information
\and in any bastardy proceeding within
ten days after filing of the return shall
serve and file a written demand for a
trial by jury from the county at large
the case shall be so tried, except as here
in otherwise provided.
If either party in any civil action COM
menced originally in the municipal court
sitting as a court of record, and which is
triable before a jury, within ten days after
; joining issue shall serve and file writ
ten demand for a trial by jury from the
county at large it shall be SO tried ex-
cept as herein otherwise provided.
40. Unless a jury is waived or demand
made as provided in the preceding sec
ton and in all civil and all criminal &C
tons on appeal from justice court and
triable before a jury and in prosecutions
for violations Of section 4587c of the stat
utes = the same shall be tried before
q 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 pres
ence of the court the names of forty per-
sons from the box containing the names
of the Appleton Jury List The parties
shall then strike from the names so
drawn, alternately, beginning with the
plaintiff, one name at a 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
same order as they appear on the list. to
) serve as jurors and made returnable on
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 are not
: challenged for cause, set aside Or ex-
, cused by the court shall be the jury If
? less than twelve of the jurors appearing
remain upon the list, the jury shall be
, completed as follows: The clerk shall as
! before draw from the box three times as
, many names as shall be sufficient to COM
; : plete 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
3 before the municipal judge in which a
D jury trial may be had, the jury shall con-
sist of six persons and shall be drawn in
, the following manner: The clerk if in
( attendance, and if not, the judge, shall