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

%APPiONSu July "a, 1910. SOp9 LAW
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No. 848, AL Published July 26, 1918.
CHAPTER e64, LAWS of 1918
AN ACT-To confer appellate jurisdiction
upon the municipal court of the city
of Oshkosh and county of Winnebago,
and to divest the county court of said
county of a portion of it's jurisdiction;
to provide for the holding of court in
said courts in case of sickness and 9TH
er causes; and to amend section 8,
by chapter 3S9, laws of 1903, and Sec
ton 24S2 of the statutes Of 1873, re-
lating to the salaries in said courts.
The people of the State of Wisconsin,
represented in Senate and Assembly,
do enact as follows:
Section 1. Except as hereinafter other
wise provided, the jurisdiction and pow
ers of the county court or Winnebagc
county conferred by chapter 115 of the
statutes, and by any and all laws appli-
cable to such county court, as court of
civil and criminal jurisdiction, in all cases
Of appeal from justices courts and other
inferior courts in civil actions and crlm-
inal cases and in all cases commenced in
justices courts in said county where an
answer shall be put in showing that the
title Of lands will come in question, and
in all cases of Writs of certiorari and
other writs used to review the judgments
or other proceedings of justices of the
peace and other inferior courts In said
county, shall be Invested and transferred
from said county court to the circuit
court of said county and TO the munich
pal court of the city of Oshkosh and
county of Winnebago to be exercised con-
currently by said circuit court and said
municipal court. In the exercise of such
Jurisdiction said municipal court shall be
invested with and have and exercise all
such powers and jurisdiction as fully IN
all respects as the same are now held,
had and exercised by said county court,
except that the same shall not be ex-
fxyn h,It Ipn hn
powers and jurisdiction in such clrculc
court. All the provisions of said chap
ter lis of the statutes, and all laws
which shall be in force at the time OF the
passage and publication Of this act as
far as they relate to or govern the eXer-
else of such powers and jurisdiction by
said county court of Winnebago county,
or it's officers, shall apply to and govern
vided, however, that In cases properly
triabie by jury, in all appeals to such
municipal court. the same proceedings
shall be had therein for the selection,
for the trial of such cases as are now
provided by law for the trial of such
criminal cases in such municipal court as
are not within the jurisdiction OF a JUS
tice of the peace. Provided, however, that
from and after the passage and publica-
ton of this act all appeals from said mu-
nicipal court Or the judge thereon IN cases
within the jurisdiction Of justice OF the
peace, Sfldll ne IdhGIl u tUS SOutS
of said county, and all writs Of certi-
orari or other Writs or processes for the
review of any judgments or other pro:
ceedings of such municipal court Or the
Judge thereof in actions within the juris-
diction of a justice of the peace shall be
issued out of such circuit court
Section 2. Whenever any appeal shall
hereafter be taken from any judgment OF
the judge thereof having the jurisdiction
of q justice Of the peace, except in cases
Of appeals from the aforesaid municipal
court or the judge thereof, the appellant
shall have the option of taking SAID APP
peal either to the circuit court OF said
county or to the municipal court OF the
city of Oshkosh and county of Winnie
bago. Any person applying for any wrlc
of certiorari or other writ to review a
judgment or other proceeding OF justice
of the peace or inferior court or the judge
thereof having the jurisdiction Of JUS
ttce of the peace, excepting the AFORESAID
municipal court or the judge Thereon
shall have the option to apply therefor
either to said circuit court or to said
municipal court. Nothing in this act con-
tanned shall be held to affect the power
of the aforesaid municipal court to hear
and determine actions in which the title
to land shall come in question. Any or
ders or judgments made or rendered by
said municipal court pursuant to the Jur-
isdiction conferred theron by the terms
Of this act may be removed to and re-
manner that orders and judgments or
circuit courts in like cases may be.
Nothing herein contained shall be held
to relate to any appeals or other pro-
ceedings regularly taken to or In said
county court prior to the passage and
publication of this act.
Section g. Change Of the place of trial
in any action over which the circuit and
municipal courts of Winnebago county
have concurrent jurisdiction may be had
as in other cases, and In cases pending
before the said municipal court the place
of trial shall be changed to the circuit
either party in the manner as is now
provided for obtaining change of the
place of trial from said municipal court
by a person charged upon information or
a criminal offense, and such change OF
place of trial to said circuit court shall
not prevent further change of place OF
trial from said circuit court as is now
provided for change of venue in actions
commenced in circuit court.
Section A. In case Of the sickness, alb
sence, or inability arising from any
cause, of the county judge of Winnebago
county, or when said judge for any cause
any proceeding In the county court for
Winnebago county, or before him as
judge Of said court he may request the
judge of the municipal court in and for the
city OF Oshkosh and county OF Winnie
bago to hold court or hear and try any
matter or proceeding as judge of said
court in the winnebago county court:
and said municipal judge is hereby au-
thorized and empowered upon such re-
quest from the county judge to hold said
county court or perform any act as judge
thereof as fully as said county judge is
or empowered to do. In case
of the inability Of such county judge to
make such request or in case of a va
cancy in such office, said municipal Judge
shall so act and fulfill the duties of said
judge, at the request Of the cir
cult Judge of such county, until such in
ability shall cease, or until such vacancy
shall be filled. And said municipal
judge when SO acting under the request
of the county judge, or of the circuit
judge, shall be designated In such pro-
ceeding as "acting county Judge"
Section In case of sickness, abb
sence, or inability arising from any
cause, of the judge Of the municipal court
in and for the city of Oshkosh and coun-
ty of Winnebago, OF when said judge for
any cause deems it improper for him to
hear or try any proceeding in said munic-
ipal court or before him as judge Of said
court, he may request the county Judge of
said county to hold court or hear and
try any matter or proceeding as court