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Amended.

Amended.

CHAPTER 6.

[Published February 18, 1870.]

AN ACT to amend section one of chapter eleven of the revised statutes, entitled "of the salaries of state officers and others."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. The clause of section one of chapter eleven of the revised statutes, which relates to the salary of the governor, is hereby so amended as to read as follows: "for the salary of the governor, the sum of five thousand dollars."

SECTION 2. Said section is also amended by adding thereto, immediately after the clause relating to. the salary of the governor, the following clause, to wit: "for the salary of the lieutenant-governor, the sum of one thousand dollars."

SECTION 3. This act shall take effect and be in force from and after its passage.

Approved February 17, 1870.

Amended.

CHAPTER 7.

[Published February 18, 1870.]

AN ACT to amend chapter seven of the revised statutes, entitled "of elections."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Sections twenty-six and twenty-seven of chapter seven of the revised statutes, entitled "of elections," are hereby amended by inserting the following proviso after said section twenty-seven: provided, that no such adjournment shall be had, or notice thereof given in any incorporated city or village.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 17, 1870.

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CHAPTER 8.

[Published February 24, 1870.]

AN ACT to amend chapter 361 of the general laws of 1860, entitled an act conferring jurisdiction on the county court of Winnebago county."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Amended.

SECTION 1. Section one of said chapter 361, is hereby amended so as to read as follows: there is hereby Jurisdiction conferred upon the county court of Winnebago coun- conferred upon ty, jurisdiction in all civil actions equal to and com- county court. mensurate with the circuit court, for all sums not exceeding three thousand dollars, and of and concerning all property not exceeding that amount in value. And the said county court to the amount aforesaid, shall be a court of general jurisdiction, and shall have and may exercise the same powers and jurisdiction within the county of Winnebago as are now exercised and enjoyed by the circuit court in and for said county in civil actions within the above mentioned limits; and it is expressly understood that such jurisdiction, subject to the above limitations, shall include the following actions and proceedings: "mandamus," actions for the recovery of real property, commonly known as ejectment; "of proceedings against debtors by attachment;" lien of mechanics and others;"" of claim and delivery of personal property," commonly known as the action of replevin, and also "proceedings for the collection of demands against ships, boats and vessels," and also actions of divorce: provided, such court shall not have jurisdiction in actions of quo warranto.

"of the

be rendered in

SECTION 2. Section thirteen (13) of said chapter Judgments may is hereby amended to be [and] read as follows: judg; vacation. ment may be had and rendered in vacation in said

Terms of county court.

Costs.

Salary of judge.

Jury fee to be paid.

county court, subject to the above limitation as to jurisdiction, if the defendant fail to answer the complaint in the same manner, and in like cases wherein judgment may now be, or may be hereafter had and entered in the circuit court in vacation: provided however, that execution may be issued upon any such judgment at any time after the entry of the same.

SECTION 3. Section fourteen (14) of said chapter is hereby amended to be and read as follows: there shall be held at the county seat of said county, three terms of said court in each year, viz: on the second Mondays of May, November and February in each year. The county judge may call and hold special terms of court upon giving three weeks' notice thereof in some newspaper published in the city of Oshkosh in said county, and if the said court shall desire a jury at such term, a. jury shall be selected for such term in the same manner as a jury is selected for a regular term. There shall also be held a special term of said court on the first Monday of each month in each year, except the months of May, July, August, November and February: provided, however, that at such special terms, no cases shall be tried in which there is any issue of fact, nor shall be tried or heard any appeals from justices' courts, and no officer shall receive or be enabled to receive any compensation for attendance upon such terms. Such special terms may be held in the office of the county judge in the court house in said county.

SECTION 4. Section nineteen (19) of said chapter is hereby amended to be and read as follows: costs shall be recovered in said court (to be taxed by the judge or clerk thereof), to the same amount as in circuit court, including jury fees and county tax, except as. hereinotherwise provided or limited.

SECTION 5. Section twenty (20) of said chapter is hereby amended to be and read as follows: the county judge of said Winnebago county for performing the duties required by this act and the act of which the same is amendatory, shall receive a salary of five hundred dollars per annum, to be paid quarterly out of the county treasury by the county treasurer.

SECTION 6. Section twenty-two (22) of said chapter is hereby amended to be and read as follows: the demand for a jury shall be accompanied by the pay

ment into the court of three dollars jury fees. If the jury agreed upon shall be six or less, then the fees shall be one dollar and fifty cents.

SECTION 7. The fees of jurors in said court shall Fees of jurors. be one dollar and twenty-five cents per day for each day's actual attendance, and seventy-five cents for each half day or a less fractional part of a day's attendance, to be paid in the same manner as jurors in the circuit

court.

SECTION 8. The qualifications of jurors shall be the qualification of same as now required by law of jurors in the circuit jurors. court: provided, however, that no person shall be compelled to sit upon a jury who is over sixty years of

age.

SECTION 9. The jurors for said court shall be se- Jurors-how lected as follows, from residents of the county of Win- selected. nebago, and qualified to act as jurors: the county judge and clerk of the circuit court shall, at least two weeks before each term of court, select from such residents, and qualified to serve as jurors, fifty persons to serve as jurors in said court, at and during the next term thereof: provided, however, that if such jury is not selected as herein provided, it may be selected at any other time; and provided further, that such jury shall not be illegal if persons in good faith are selected who are not qualified, but the names of such persons when discovered, shall be stricken therefrom. * A list of such jurors when selected, shall forthwith be filed in the office of the clerk of the court.

SECTION 10. At each term of said court, general How clerk to or special, the clerk shall put the names of all such draw jury. jurors so selected in a box, and when a jury shall be demanded the same shall be drawn from the names in such box. The plaintiff or plaintiffs shall be entitled to six peremptory challenges, and the defendant or defendants to a like number of challenges, to be made alternately from a full list, the plaintiff challenging first. When a jury shall have been selected as aforesaid, or otherwise agreed upon, a venire therefor may aire. be issued by the judge or clerk of said court and delivered to the sheriff or his under sheriff, or any of his deputies, who shall duly execute the same. If any of the jurors named in such venire shall not be found or shall fail to appear, or if there shall be any legal objection to any that shall appear, or if any of them be

GEN. LAWS-2.

May issue ve

Court may set

excused by the court or parties, the court shall direct the sheriff or his under sheriff, or any of his deputies to summon a sufficient number of talesmen to supply the deficiency. The officer summoning the same may insert the names of such talesmen in the venire. If the jury shall be required to make an inquest or an assessment 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 as in any other case, or may direct the clerk to issue a venire to summon a special jury for that purpose, to be composed of persons qualified to serve as jurors in said court; and unless objections are made, such inquest may be had or held, or such assessment of damages made by the court or the judge thereof, without the intervention of a jury. The court may set down case for down any case on the calendar for trial on any particular day, and when a case is set down for trial on any particular day by order of court or otherwise, the court may then or at any time afterwards, require the parties in such action to determine and select whether he or they wish a jury, and if both parties select [elect] to try such case without a jury, or if both parties neglect or refuse to so determine or select [elect], then at the said term neither party shall be entitled to a trial by jury, but the court may, at its discretion, grant a trial by jury, and if a trial is demanded, the court may then or at any time afterwards, direct that a jury be selected as aforesaid in such case, and issue a venire therefor, returnable at the time fixed for the trial of such action. If for any cause in selecting a jury the panel shall become exhausted, a jury may be obtained as provided in similar cases in the circuit court.

particular day.

Sheriff or deputy shall attend. court.

SECTION 11. Section twenty-three (23) of said chapter three hundred and sixty-one (361) is hereby amended so as to be and read as follows: the sheriff of said county, in person or by his under sheriff or one of his deputies, shall attend such court when actually in session for the transaction of court business, other than probate business, and the court shall desig-. nate the number of officers that shall be present while such court is in actual session as aforesaid; and such officers shall be entitled to receive the same compensation, and payable in like manner as is or may be provided by law for like services in the circuit court:

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