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acting as

authorized

corporation not authorized to do business in this Penalty for state shall be deemed guilty of a misdemeanor agent of unand upon conviction thereof shall be punished company. by fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment of not less than three months nor more than one year, or by both fine and imprisonment. SECTION 4. This act shall take effect and be in force from and after its passage and publication.

Approved April 19, 1899.

No. 95, S.]

[Published April 21, 1899.

CHAPTER 217.

AN ACT to expedite the hearing of demurrers in civil actions and to amend section 2681 of the Wisconsin statutes of 1898.

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

tice required

demurrer.

SECTION 1. The issue raised by a written de- Five day nomurrer to any pleading or to part thereof in any for hearing civil action pending or hereafter brought in any court of record may be brought on for argument and determination before such court at any time upon five days' notice.

upon frivolous

SECTION 2. Section 2681 of the Wisconsin Judgment statutes of 1898 is amended by striking out the pleadings. words "a demurrer" where they occur in the first line thereof and inserting the word "the" so that said section when amended shall read as follows: Section 2681. If the answer or reply be frivolous the court or the presiding judge thereof may, upon motion and five days' notice to the party interposing the same strike such pleading out and thereupon either order judg

ment in favor of the adverse party or, in his dis cretion, allow the party interposing the same to plead over within a limited time, on such terms as may be just. If no further pleading be served within the time so fixed the adverse party may obtain such judgment as he may be entitled to in the manner provided in case of a failure to answer or reply in the first instance.

SECTION 3. Any provision of law conflicting with the provisions of this act is hereby superseded.

SECTION 4.

This act shall take effect and be in force from and after its passage and publica tion.

Approved April 19, 1899.

No. 198, S.]

[Published April 22, 1899.

County declared to be a

district.

CHAPTER 218.

AN ACT to establish a district court in the county of Milwaukee, Wisconsin.

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

SECTION 1. The county of Milwaukee, Wisdistrict court consin, is hereby declared to be a judicial district for the purpose of establishing a district court therein, to have jurisdiction as hereinafter provided over and throughout the extent of the city and county of Milwaukee, and all the cities, villages and towns in said county.

District court established.

of record.

SECTION 2. There is hereby constituted and To be a court established in said county of Milwaukee a court to be known and called the district court of the county of Milwaukee. It shall be a court of rec ord and have a clerk and a seal with suitable de

vice to be procured under the direction of the judge thereof, at the expense of the county of Milwaukee.

to be elected.

cancy, how

SECTION 3. On the first Tuesday of April Judge of, when 1901 and on the same day of the same month Term of Vaeach six years thereafter, the qualified electors filled. of said county of Milwaukee shall elect, in the same manner as is provided for the election of county officers for said county, a suitable person to the office of judge of said district court, to be called "district judge," who shall be a resident of said county and an attorney-at-law admitted to practice in the circuit court of Milwaukee county. Such district judge shall hold his office for the term of six years, from the first Monday of May next succeeding his election, and until his successor shall have been elected and qualified, and who may be removed from office for cause in the manner provided by law for the removal of justices of the peace. The resignation of the district judge shall be made to the governor of the state. Whenever a vacancy shall occur in the office of such judge, from any cause whatever, the governor shall appoint a district judge and the person so appointed shall hold for the residue of the term.

SECTION 4. Before entering upon the duties Oath of office. of his office, the district judge shall take and subscribe the oath of office prescribed in the constitution, which oath shall be filed in the office of the county clerk of Milwaukee county.

§5 C 218 '99 §1 C 70 '01

§5 C 218 '99 81 C 124

'01

$5 C 218 '99

$1 C 338 '03

Ch. 218, § 5

SECTION 5. Said district court shall have ex- Jurisdiction clusive jurisdiction to try and sentence all of- of court. fenders against the ordinances of said city of Milwaukee, and it shall also have exclusive jur isdiction to hear, try and determine all charges for offenses arising within said county of Milwaukee, the punishment whereof does not exceed one year's imprisonment in the state prison or county jail or a fine of five hundred dollars, or both such fine and imprisonment; to hear, try and determine all charges for misdemeanors arising within said county, otherwise triable before a justice of the peace; and to issue warrants

1901 c 70 1901, c 124

Ch. 218 § 5

1903 c 388

Ch. 218 § 5 05 c 63

§7 C 218 '99 $2 C 70 '01

Ch. 218, § 7 1901 c 70 § 2

Examinations,
etc., to be re-

nicipal court.

for the apprehension of persons charged with
the commission of offenses in said county of Mil-
waukee and not triable before a justice of the
peace, and to examine said alleged offenders and
commit or hold them to bail, the same as a jus-
tice of the peace might otherwise do. Said dis
trict court shall in no event have jurisdiction in
bastardy proceedings.
SECTION 6.

No justice of the peace, court turned to mu commissioner, police justice or other commiting magistrate in said county of Milwaukee, shall exercise any jurisdiction in any criminal cases, except as hereinafter provided, but all such jurisdiction is vested in said district judge; and all examinations, recognizances and commitments for trial in said district court in criminal cases, not otherwise triable before a justice of the peace, shall be certified, returned and made to the municipal court of the city and county of Milwaukee instead of the circuit court, at or before the time fixed for the appearance of the accused. All such cases shall there after be prosecuted and tried in said municipal court as provided by law in similar cases in the circuit court, and the general provisions of law relating to criminal actions, proceedings and examinations before justices of the peace, shall ap ply to said district court as far as applicable.

Jurisdiction
and duties of
justices of
peace in rela-

court.

SECTION 7. For the apprehension of persons charged with any of offense specified in section tion to district 4739 of the Wisconsin statutes of 1898, any justice of the peace of said county residing outside of the corporate limits of the city of Milwaukee, is authorized to entertain complaints and to issue warrants as in this section provided. Upon complaint made to any such justice of the peace by any person that any such offense has been committed within said county, he shall examine the complainant on oath and the witnesses produced by him and shall reduce the complaint to writing and cause the same to be subscribed by the complainant; and if it shall appear that an offense has been committed the said justice of

the peace shall issue his warrant reciting the substance of the complaint and requiring the officer to whom it is directed forthwith to arrest the accused and bring him, together with such complaint, before the district court to be dealt with according to law; and such justice may require the officer to summon such witnesses as shall be necessary to appear and give evidence at the trial, and thereupon said district court shall proceed to hear, try and determine the cause in the same manner as cases originally commenced in said district court.

and where to

SECTION 8. Said district court shall be held Court, when in the city of Milwaukee in some suitable place be held. to be provided and suitably furnished by said city and county of Milwaukee, and it shall open for business every morning (Sundays and legal holidays excepted). In case of the absence, sickness or temporary disability of said district judge, he may, by an order in writing, to be filed in said court, appoint a justice of the peace of said city or county to discharge the duties of said district judge during such absence, sickness or disability, who shall have all the powers of said district judge while administering such of fice, and such justice of the peace shall receive for his services five dollars per day to be paid by said city and county. Said district judge shall not voluntarily absent himself from the duties of his office for more than forty days in any one year, except for sickness. SECTION 9. The clerk of the municipal court Duties of clerk of the city and county of Milwaukee shall be ex his deputies. officio clerk of said district court. He or one of his deputies, shall be present during the sessions of said district court and shall keep and have care and custody of all records, books and papers of the court, perform all ministerial acts required of him by and under the direction of the district judge, and when the court is not in session shall have power to take bail for the ap pearance of any person under arrest before the court, subject to the revision of the court; he, or

of court and

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