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therein shall be transmitted to the presiding judge thereof, who shall proceed with the action in the same manner as if originally instituted before him.
SECTION 12. Trial by jury may be had in said court in the same manner and process as in jus tices' courts.
SECTION 13. Sheriffs and constables of Langlade county and the marshal and deputy marshal of the city of Antigo shall have the same power to serve and execute process of this court as of justices' courts, and shall be entitled to receive the same fees as in justices' courts.
SECTION 14. The judge of said court shall keep one docket for criminal trials and proceedings, and a separate docket for civil actions, and all docket entries and process shall be made and kept in the same manner as far as is applicable to this court as the same are required to be kept by justices of the peace under the laws of this state; provided, always, that the municipal judge may in civil actions sign in blank, summons, writs and other process and deliver the same to attorneys of courts of record, to be issued by them, who upon issuing any such summons, writ or other process shall file within twenty four hours. thereafter, the affidavit, if any, upon which such summons, writ or process, was based, and a statement of the names of the parties to the action, the date of the summons, writ or process, the time when the same is returnable and the nature of the demand or claim, upon which the said judge shall forthwith docket said case, which docket entries shall have the same force and effect as if made at the time of issuing the summons, writ or other process.
SECTION 15. The municipal judge shall have and receive the same fees in all civil actions that are now allowed by law to justices of the peace, and one dollar in addition thereto for every civil action or proceeding in his court. And for his services in conducting criminal trials and examinations he shall receive a salary of five hundred dollars per year for the first term, payable quarterly at the end of each quarter out of the county treasury of said county; and thereafter his salary shall be fixed by the county board at not less than five hundred dollars per annum, but in all
criminal actions and proceedings he shall tax the same fees as justices of the peace are allowed by law to tax, and if the defendant in such suit or action is convicted, insert the amount of such fees in the entry of judgment against such defendant, and if paid by said defendant return the amount thereof, with the fine paid or collected, to the county treasurer of said county.
SECTION 16. Said court shall have jurisdiction Jurisdiction. to hear, try and determine all actions arising under chapter 145, of the revised statutes, when the amount claimed shall not exceed five hundred dollars.
appeals from justices'
SECTION 17. Said court shall have jurisdiction May try to try and determine all appeals in civil actions from justices of the peace in said county; pro- courts. vided, that in civil cases, appealable from the justices' judgments, the party appealing may, in his option, appeal to the circuit court in Langlade county, instead of to said municipal court. And all such cases shall be certified and returned to said municipal court within ten days after the perfection of the appeal. Any action appealed to said court may be brought on for trial upon notice of ten days, given by either party to the other. In case neither party shall notice such appeal, or bring the same to trial within six months, the ap peal shall be dismissed with ten dollars costs against the appellant. Appeals shall be made to such court in the same manner that they are now made from justice to circuit court.
SECTION 18. In appealed cases tried and deter- Fees in apmined in said court upon the record of the court pealed cases. below, or any question of law or fact appearing in such record, the judge of said court shall be entitled to receive the sum of five dollars and no more, as and for his fees, and the prevailing party in appealed cases, shall be entitled to recover the sum of five dollars attorney's fees.
SECTION 19. The municipal judge may provide May provide a seal for said court, and all papers, depositions, certificates, acknowledgments, examinations and other documents executed or signed by said judge, when sealed with the seal of said court, shall be evidence in all courts and places in this state, and shall have the same effect as the seal of a court of record.
etc., as circuit court.
verdicts, grant new trials, etc.
SECTION 20. For ten days after judgment in over verdicts, civil actions, and for twenty-four hours after judgment in criminal causes over which said court has jurisdiction to hear, try and determine, the said municipal judge shall have, and he is hereby vested with the same power over verdicts, judgments, rulings, orders and proceedings in his court as are possessed by the circuit courts over their judgments, orders and proceedings at or before trial or judgment and May set aside during trial term. And said municipal judge may direct or set aside verdicts, grant new trials on payment of all costs or on such conditions as to costs as justice requires, modify and reverse judgments and orders, of his said court, or of the judge thereof, or do any act or thing which circuit courts may do during trial term, being governed therein by the general law and practice of the circuit courts, as near as may be, where the rules of law for justice courts are inadequate or do not apply. New trials, if granted, must be granted within ten days after judgment in civil cases, and within twenty-four hours after judgment in criminal causes, except on substituted service by publication in civil cases, where the rule for justices' courts shall apply; if granted upon the grounds of newly discovered evidence, it may be granted at any time within six months after judgment. If a jury should disagree, said judge shall forthwith fix a time for a new trial. motions and matters of practice subsequent to judgment in said municipal court, shall be decided, except as herein provided, within ten days after judgment.
Appeals from said court.
SECTION 21. Appeals from said municipal court shall be taken to the circuit court for Langlade county, and when not otherwise provided, the law relating to appeals from justices' courts shall apply. The same affidavit and notice, in substance, shall be made and given as upon appeal from justices' court. Any party to a final judgment, or to an order effecting a substantial right, made after judgment, may appeal; any party desiring to ap peal, may upon motion, the opposite party or parties having had five days' notice in writing, or a less time on an order to show cause, in civil actions or proceedings, and on twelve hours' notice in criminal actions or proceedings. move the court
for a reversal, in whole or in part, of the judgment or order made for a new trial, for an order setting aside a verdict, or for such relief as the party may consider himself lawfully entitled to, and the j dge shall enter his orders or rulings granting or refusing the relief prayed for, within ten days after judgment in civil cases, and within twenty-four hours after judgment in criminal actions. In civil cases the appeal must be taken within twenty days after judgment is rendered, and in criminal causes, within twenty four hours after judgment. Appeals shall be from the judgment and final orders affecting a substantial right made subsequent to judgment, and the appeal shall open up for trial in circuit court, both the law and the facts in the whole case. The party first appealing shall pay the judge's fees, including costs of transcribing herein before provided, together with one dollar for his return, one dollar for state tax, and two dollars for clerk's fees for the clerk of the court appealed to, except in criminal ca es where no fees are required to be advanced by the defendant therein; upon the receipt of the fees heretofore provided to be paid, and not till then, the municipal judge shall make a transcript of his docket and a return, in the same manner as in an appeal from justices' court, and transmit the record and all the papers in the case to the clerk of the circuit court for said county, within ten days after the appeal is perfected, and said clerk shall file the same, and to the end that a true and correct record be kept, said municipal judge may at any time, on motion of himself or of a party to the action, or upon an order or suggestion from the appellate court, all parties interested having notice, correct his minutes or his record, so as to show the very truth of the matter. torneys practicing in said court may ask that instructions be given to juries, and allege objections to rulings or orders of said court according to the rules of practice in circuit courts.
SECTION 22. The dockets and records of said Dockets shall be public municipal court shall be public records, open to records. the inspection of all persons at every reasonable
SECTION 23. In all actions in the municipal Attorney's court for the county of Langlade, the plaintiff,
Notice of election.
if he shall obtain. judgment, shall be entitled to recover attorney's fees as follows: On all judgments taken in actions wherein the defendant does not appear and answer or demur, when the amount of the judgment exceeds one hundred dollars and is less than three hundred dollars, ten dollars; when the amount of the judgment is three hundred dollars or upwards, fifteen dolJars. On all other judgments, when the amount does not exceed one hundred dollars, an amount equal to ten per cent. of the amount of the judgment. When the amount of the judgment exceeds the sum of one hundred dollars, ten dollars on the first one hundred dollars and five per cent. on the amount of the judgment in excess of one hundred dollars; provided, that in no case shall the amount of the attorney's fees exceed the sum of twenty dollars. And in case judgment shall be for the defendant, he shall be entitled to recover attorney's fees as follows: In all cases where the plaintiff shall claim in his complaint one hundred dollars or less, an assessment equal to ten per cent. of such claim; in all cases where the plaintiff shall claim in his complaint a sum over one hundred dollars, ten dollars for the first one hundred dollars and five per cent. on the amount claimed in excess of one hundred dollars; provided, that in no case shall the amount of the attorney's fees exceed the sum of twenty dollars. The provisions of this section shall apply to proceedings for the recovery of possession of personal property, and the value of the property, as found, if judgment be for the plaintiff, and as claimed, if judgment be for the defendant, shall be the 'basis for the taxation of attorney's fees; and all other civil actions not herein provided for, an attorney's fee of ten dollars shall be allowed to the party in whose favor the judgment is rendered; provided, however, that no attorney's fee shall be allowed unless the party who recovers judgment shall appear by an attorney of a court of record.
SECTION 24. The county clerk of Langlade county shall give at least three days' notice of the election of said judge to be held on the first Tuesday in April, 1891, and it shall not be necessary at said election for the candidates for said office to file nomination papers nor shall it be