Entries on records.

Trial by jury.
How secured.

one of his deputies, may administer all neces sary oaths, enter the judgments of the court, issue commitments and executions to enforce the same, and make up and keep the records of the court in all cases therein under the direction of the judge; he or one of his deputies, shall issue all processes under his hand and the seal of the court and attest it in the name of the judge, signing it by his title of office, and shall tax costs; he, or one of his deputies, may issue war rants upon complaint filed in writing and upon oath in all cases. The complaints, warrants, recognizance, commitments, attachments, venires, subpoenas and all other writs and papers in said court shall be in substance in the form hitherto used in the police court of the city of Milwaukee, or the municipal court of the city and county of Milwaukee. In city prosecutions, said clerk, or one of his deputies, shall enter upon the records of the court a statement of the offense charged, which shall stand as the com plaint, unless the court shall direct formal complaint to be made; then the defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in such case at issue. Said clerk shall also, under the direction of the common council of said city of Milwaukee, procure and furnish all the neces sary blanks, stationery, book and paper cases, desk, record books, office furniture, lights and fuel for the use of said district court and its clerks, at the expense of said city and county. Such clerk and his deputies and the police officers attending said district court and serving its processes shall receive no fees.

SECTION 10. After issue joined and before trial in all cases cognizable before said district court the accused may demand a trial by a jury of not more than twelve nor less than six men, and shall designate the number at the time of the demand. The court shall then direct the clerk to proceed to draw in the presence of the

jury commissioners of Milwaukee county, unless such accused shall waive the presence of said commissioners, from the box containing the names of persons furnished by said jury commissioners to serve as petit jurors in the munici pal court of the city and county of Milwaukee, twice the number of jurors demanded, and from the list so prepared by the clerk, the parties shall then alternately strike, the accused commencing, so many names as shall leave remaining the number demanded. A venire shall thereupon be issued, commanding the officer to summon those so remaining to appear before the court at such time as may be directed, to make a jury for the trial of said action, and the court may compel their attendance by attach- Challenges. ment, either party may challenge any juror for cause, and the deficiencies occasioned thereby, or by any other cause, shall be supplied by talesman to be selected and summoned by the officer. If no jury shall be demanded, it shall be deemed a waiver of a jury trial. If either party declines to strike from the list the names which he is entitled to strike, the court shall appoint some disinterested person to strike the same for such party, each juror shall receive for his services the same fees allowed by law to petit jurors in courts of record in said county, and the fees of such jurors shall be taxed as costs in said action. Witnesses and jurors shall attend before said court in all city and criminal prosecutions with out any payment of fees in advance or a tender thereof, upon the processes of the court duly served, and in default thereof their attendance may be enforced by attachment. In case the jury after being kept a reasonable time should disagree, they shall be discharged, and thereupon the court shall adjourn the cause to a day certain and issue a new venire as aforesaid.

officer of court

SECTION 11. The sheriff of Milwaukee county sheriff to be shall be the officer of said district court, and he or any of his deputies, or any constable of said county shall serve its processes and carry into

Phonographic
reporter, how

Ch. 218 $ 12 05 c 429

duties of.

effect its orders and judgments in state cases, and the police officers of said city of Milwaukee may serve its processes in city prosecutions and state cases arising within the city.

SECTION 12. The judge of said district court appointed and is hereby authorized to appoint a phonographic reporter for such court. The person so appointed shall be deemed an officer of the court, and before entering upon the duties of his office shall take and subscribe the constitutional oath of office and file the same, duly certified to, in the office of the county clerk of Milwaukee county. Such reporter so appointed shall at tend all the sessions of said district court and shall report all preliminary examinations held before said court, but in all cases of prosecu tions for violations of the ordinances of the city of Milwaukee and in all prosecutions for misde meanors said reporter shall not be required to report such trial or proceeding, nor shall it be necessary for said judge of said court to take minutes of the evidence given before him; but said district judge may require said reporter to report any trial or proceeding, other than preliminary examinations which may be had before said court. Said reporter shall receive a salary of twelve hundred dollars per annum, payable monthly, at the end of each and every month by said city of Milwaukee. It shall be the duty of said reporter, at the request of any party, to transcribe in long hand the evidence of any proceeding or trial taken by him in said district court, or any part thereof, which transcript shall be duly certified by him to be correct, and for which he shall be entitled to receive from the party requesting the same, five cents per folio, when written out in full, and when, at the request of the party it shall be written in narrative form, ten cents per folio. Said reporter shall be furnished all necessary stationery and supplies. It shall be the duty of such reporter to transcribe free of charge and file as soon as may be, the charge of the court to the jury and

whom payable.

the evidence taken upon preliminary examina-
tion, and in cases where the accused is com-
mitted to the Industrial School for Boys.
SECTION 13. All fines and penalties imposed Fines and
by said district court and the costs and fees of penalties, to
trial, shall be payable to the clerk of said court,
and it shall be his duty to account for and pay
over to the treasurer of said city of Milwaukee,
on the first Mondays of January, April, July
and October, all fines, penalties, collections and
other fees, except witness fees collected which
may have come into his hands as such clerk up
to the day of such payment, and shall also ac-
count for and pay over to said city treasurer on
the first Mondays of January and July in each
year the witnesses' fees which may have come to
his hands as such clerk up to the day of payment
which have not been paid to the persons entitled
thereto, which witness fees may thereafter be
paid by said treasurer to such persons upon the
certificate of such clerk specifying the name of
the person entitled thereto, the amount due him
and the title of the case in which he was a wit
ness. The foregoing provisions shall not apply,
however, to witness fees of members of the po-
lice department of the city of Milwaukee who
may testify for the prosecution. It shall be the
duty of the clerk to tax witness fees for such
members, but when collected such witness fees
shall be paid by the clerk to the treasurer of the
policeman relief fund association of the city of
Milwaukee, on the first Mondays of January,
April, July and October of each year.

SECTION 14. All fines and penalties collected How account-
in criminal cases except prosecutions for viola. ed for.
tion of ordinances of said city of Milwaukee and
paid into the treasury of said city, shall be ac-
counted for and paid over to the treasurer of
said county annually at the time of paying over
state and county taxes. The county of Milwau
kee shall also, at the same time pay to the city
of Milwaukee one-half of the salaries of district
judge and the phonographic reporter of said

§13 C 218 '99 §1 C 363 '01

Ch. 218 § 13 1901 c 363

court, and one-half of the expenses of blanks, stationery, book and paper cases, desks, record books, office furniture, lights and fuel, used for said court and its clerks and all other expenses of said court which may have been paid for by said city.

SECTION 15. In all cases brought before the district court, the court may, in its discretion, grant such continuance as may be necessary to the ends of public justice either with or without bail.

SECTION 16. The salary of said district judge shall be three thousand dollars a year, payable monthly at the end of each and every month by the city of Milwaukee. The fees of the clerk, witnesses, jurors, sheriff and other officers, and the taxable costs of the suit shall be the same as now in the police or municipal court of said city in the county of Milwaukee in similar cases. In all cases before said district court, the costs shall be paid in criminal prosecutions in the name of the state, by the county of Milwaukee, and in the city prosecutions by the city of Milwaukee, when not otherwise collected, upon a certificate of the clerk of said court.

SECTION 17. All persons convicted in said district court, who would otherwise be sentenced or committed to imprisonment in the county jail or state prison, may be sentenced to imprisonment in the house of correction of Milwaukee county, and the court may order the prisoner to be kept therein at hard labor during the term of his imprisonment, if he shall have the ability to labor.

SECTION 18. Every person convicted before said district court may appeal from the sentence or judgment against him to the municipal court of said city and county of Milwaukee, within the time and in the manner as is now provided by law for appeals in criminal cases from justices of the peace of the county of Milwaukee. Said municipal court is empowered to hear, try and deter mine such appeals and all provisions of law relating to appeals in criminal cases from justices