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

the election be her executor OF aunllll-
istrator Elections by guardians. executors and al
ministrators may be made within two years after
the filing Of a petition for the appointment q an
administrator Of the estate for the probate 81 tns
will Of the husband. and, so far as may BE- shall
be made in the manner provided BY section I'll
q. The period Of time from the commencement 70
the final determination of any action brought to
test the validity OF any WILL jointure or pecunary
provision furnishing any such right Of election OF %
obtain judicial Interpretation Of any such WILL sha
not constitute part Of the period within when
such election may be made
Section 3. This act takes effect when published.
Approved June 2. 1918.
No 1O8S Al Published June 5. 1918.
AN ACT. To amend section 10 Of chapter 234, laws
Of 1907. and section 16 Of chapter 2S4 laws Of
1907. as amended by chapter l23, laws Of 1908.
and to amend section Of chapter 291. laws Of
1889. and section 1 Of chapter 291. laws OF 1889,
as amended by chapter z6, laws Of 1895. and TO
amend section of chapter 49, laws OF 1908. re-
lating to the county court Of Waworth county
The people Of the State Of Wisconsin represented IN
Senate and Assembly. do enact as follows:
Section l. Section Is Of chapter 234s laws Of
1907. and section 16 Of chapter 234, laws Of 1907.
Of chapter 2s1 laws Of 1885 and section Of chap
ter 291 laws Of 1885, as amended by chapter 70.
laws Of 1885, and section Of chapter 12S laws OF
1908. are amended to read: tCh 234, laws OF
l907.) Section Is. The provisions OF law applicable
to change OF in the circuit courts Of this STATE
shall be applicable to said county court except that
when the venue Of any action shall be so changed. 1t
shall be changed to the circuit court Of Walworth
county; and such change Of venue shall not prevent
Of provided in section 262a Of the
statutes: : provided. however. that nothing
herein contained shall be construed abrogahng the
right to change Of provided for By section
1921 Of the statutes. and when such change
Of venue shall be made, it shall be made by said
county court direct to the proper county for the
trial Of the acon and provided further that section
1925 Of : the statutes so far as applicable
shall apply to said county court. and that the Judge
thereof shall have the right to call upon the circuit
judge or any county Judge Of county having CIVIL
Jurisdiction to attend. hold court and try such action
and xuhiIn do1rOh he hall have hA "a nov
TO said action II elected judge Of said county
court But the judge Of said county court shall have
and retain jurisdiction all other actions and
proceedings and may exercise such jurisdiction and
hold court and try such actions and proceedings az
the same time the Judge called IN is trying Inc
upon Indictment or information with criminal Of
fense shall have procured change Of venue to the
circuit court Of Walworth county. said county court
shall commit hold the party to bail to appear at
the next term Of the circuit court, and the clerk
Of said county court shall transmit all papers and
COW Of the records and proceedings in said case,
properly certified to be such under the seal Of said
court to the said circuit court which shall then have
full jurisdiction Of this action; all recogn1zances
previously given In such and returned TO said
county court may be enforced In said circuit court
as fully as II they had been originally returned
thereto. IH like manner shall all such which
might originally have been brought In said county
court or appealed thereto where change OF venue
is allowed directed by the circuit court on the
grounds Of prejudice OF the Judge thereof DO re-
moved to said county court: provided however that
nothing herein contained shall be construed abro
eating or abridginG the power conferred upon the
circuit court by section 1925 Of the statutes
In all such cases in either said circuit or
county courts il the afadavit shall alegs that the
circuit and county judges are both pre9udiced the
shall be removed to some adjoining circuit
unless other judge shall be called to preside
above provided.
(Ch 1884, laws Of 1907 amended b Sec. 2.
Oh. 1913. laws OF 1909l Section 16. /. Jurors shall
be chosen for each term Of said court by the same
persons and in the same manner as Jurors In the
circuit court and all provisions Of law rules and
practice relating to the selection qualifications duties
and compensation Of Jurors in the circuit court shall
be applicable to said county court except as other
wise provided herein.
O. No Jurors shall be summoned to attend upon
any term Of said court unless 1t shall appear to the
satisfaction Of the Judge that jury panel Is neces-
saTy.
8. At least six days before each term unless
otherwise ordered by the judge, the clerk shall in
the presence of the judge draw from the list Of per-
provided therefor. twentyfour jurors for such
term and the list selected shall forthwith be filed
person known to be disqualified no longer liable
to jury duty in said county be drawn such name
shall be cast out and the name OF another juror
drawn to take his place.
L. When any criminal action or proceeding is
pending at any term Of said court the clerk II re-
quested at least six days before such by the dis
trct attorney by defendant or by the attorney
for any defendant In such action or whenever d.
rected by the Judge, shall issue venire to the
sheriff of said county to summon such jurors return
able at such time as the Judge may direct
s. In case the whole panel is moi SUM
moned for the trial at criminal action or for the
trial OF any action or proceeding in which q jury
trial Is demanded or ordered the parties shall
strike from the panel or jurors selected ToE Sucn
term the jury for such action The district attorS
ney or the plaintiff plaintiffs shall be entitled
to six eperemptory challenges and the defendant or
% IKE e II asey e q b
plaintiff first challenging. When either party shall
decline to challenge in his tdrn such challenge shall
be made by the clerk by lot When jury shall
have been selected aforesaid. otherwise agreed
upon Venire therefor returnable at such time as the
judge may direct shall be Issued by the clerk to
the sheriff Of said county.
8. If any Of the Jurors named In such yenire shall
not be found shall fail to appear II there shall
be any legal objection to any that shall appear. or
II any Of them be excused by the court parties,
the court may direct the sheriff OF his undersherin
any Of his deputies to summon sufficient number
Of talesnen to supply the deficiency provided. that
not than four such ta1esmen shall be selected
from the residents of any one town. city OF village,
except by consent Of parties The officer summon
ing the may insert the names OF such talesnen
the venre.
~ jury shall be required to make an assess
ment Of damages in any case, the same shall be
drawn from the names in such box, or the court
may direct the same to be had and taken by any
Jury summoned in other case. or may direct the
clerk to issue venire to summon a special jury
for that purpose to be composed of qualified
to serve as jurors in said court and unless objections
are made such assessment OF damages may be made
by the court the Judge thereof. without the in
tervention Of jury.
s. The court may set down any case on the calen-
dar for trial on any particular day. When civil
case on the calendar is called the court may then
at any time thereafter require the parties in such
action to determine and elect whether they wish a
jury and If both parties elect to try such with
out jury, Or II both parties neglect refuse to so
determine or elect at said time. neither party shall
be entitled to trial by jury. but the court may,
at its discretion. grant trial by jury and II trial
is demanded. the court may then at any time
afterwards direct that jury be selected as aforesaid
in such and issue yenire therefor. returnable
at the time fixed for the trial of such action for
any cause. in selecting jury. the panel shall become
exhausted. the court may cause persons
qualified to serve as jurors to be returned from the
bystalders from the county at large for the trial
thereof and make the proper and necessary orders
therefor.
Q. In all criminal actions jury may Be waived by
the accused by filing written waiver or by his con-
sent thereto in open court entered the minutes
10, Jurors shall be summoned as in the circuit
court and the county judge may direct at what time
jurors shall be summoned to appear.
IL. The panel Of jurors selected for any term
Of the county OF said county under its civil
and criminal jurisdiction shall constitute the panel
of jurors the subsequent and all succeeding terms
of court until discharged by the court but the judge
of said court, in his discretion, order new
panel Of jurors to be drawn for the subsequent. or
any succeeding term.
(Ch 291 laws of 1882 Section s.
Such register in probate shall perform such duties
as the judge shall direct He shall have power to
administer oaths and to certify to copies Of
records and judicial proceedings had in said court