diction, the municipal judge shall notify the nearest justice of the peace in the county of Lincoln, not disqualified to try said case or to hear said examination or other proceeding as the case may be, whereupon it shall be the duty of said justice so notified as aforesaid, to forthwith appear at the court room of said municipal court and to discharge the duties of judge of said municipal court on trial of said case or the hearing of said examination or other proceeding, in the same manner and with like effect as said municipal judge would if not disqualified to act, and the doings of said justice of the peace while so presiding over said municipal court shall have and be of the same force and effect as proceedings of said municipal judge and when such action, examination or other proceeding is concluded a like record as in other like cases shall be made in said court and thereafter and thereupon execution may be issued as in other cases tried before said municipal judge. Said justice of the peace while presiding over said municipal court shall receive the same fees as are allowed by law to said justice of peace for his service. In matters or proceedings of which a justice of the peace has no jurisdiction, when such affidavit is filed the municipal judge shall transfer the same to the county court of Lincoln county, which county court shall thereupon have jurisdiction to hear, try and determine the same in the same manner and with like effect as if such action or proceeding had been begun in said county court.

Judge to have court commissioner's powers. SECTION 10. The municipal judge of said county shall have and may exercise in his county all the powers and may perform all the duties of a court commissioner as defined in section 2434 of the statutes of 1898, and every authority granted to or limitation of the powers of the court commissioner by the laws of Wisconsin shall be construed to extend to said municipal judge acting in such capacity, except when otherwise expressly provided. The official designation of said officer in matters where he shall so act, shall be "judge of the second municipal court of Lincoln county."

Removal of civil action from justice court to. SECTION 11. Whenever any civil action shall be removed from any justice of the peace in the county of Lincoln, upon the oath of the defendant, his agent or attorney according to the provisions of law for such removal, if said defendant, his agent or attorney requests in writing to such justice that the action be removed to said municipal court then the action and all the papers 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, provided that no action, examination or proceeding shall be removed to the said municipal court from any justice

court in the city of Merrill in said county, without the consent of all parties to such action or proceeding.

Trial by jury. SECTION 12. Trial by jury may be had in said court in the same manner and process as in justices' courts.

Service of process. SECTION 13. Sheriffs and constables of Lincoln county shall have the same power to serve and execute process as of justices' courts and shall be entitled to the same fees and shall be subject to the same liabilities and penalties as in justices' courts.

Separate and criminal dockets; may issue summons in blank. SECTION 14. The judge of the said court shall keep one docket for criminal trials and proceedings, one docket for civil actions and a separate docket for the trail of offenses against the city charter and ordinances of the city of Tomahawk in said county. In civil actions and in all criminal trials, examinations and proceedings in said court under this act, the docket entries and process shall be made, kept and filed in the same manner, as far as applicable to the municipal court, as the same are required to be kept by justices of the peace under the laws of this state, provided that in all civil actions, said judge may sign in blank, summons and other process and deliver the same to attorneys of courts of record throughout the county to be issued by them as occasion may require, and upon the filing of said summons or other process at any time before the day on which the same is made returnable, 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 such summons or other process; provided further that no summons or other process issued by an attorney at law under the provisions of this act, shall be valid unless said attorney shall endorse thereon his name or the name of the firm of which he is a member, which endorsement shall be substantially in the following form: Issued by A. D. attorney at law; provided further that all process, except subpoenas, shall be made returnable at nine o'clock A. M. of the return day, and when any action, examination or proceeding in the municipal court shall be adjourned or continued to a day certain, it shall be set for trial at nine o'clock A. M. of the day to which the same has been adjourned or continued, unless otherwise agreed to by the parties, and at the hour specified the parties shall proceed to the trial without delay unless the same shall be adjourned or continued by the court for cause shown and upon such terms as may be just and equitable.

Compensation of judge to be taxed as costs. SECTION 15. In all actions, examinations or proceedings in the municipal court under this act, the county board shall fix the compensation of the municipal judge, which sum shall be taxed as costs in the

case.

Attorney's fees. SECTION 16. In all actions in the municipal court under this act, an attorney's fee shall be allowed to the plaintiff if he recover judgment as follows: If the judgment does not exceed twenty-five dollars, the sum of two dollars and fifty cents; if the judgment exceeds twenty-five dollars and does not exceed one hundred dollars, a sum equal to ten per centum of the judgment; if the judgment exceeds one hundred dollars and does not exceed two hundred dollars, ten dollars on the first hundred dollars and five per centum on the balance of the judg ment; if the judgment exceeds two hundred dollars, fifteen dollars on the first two hundred dollars and two and one-half per centum on the balance of the judgment. In case judgment shall be for the defendant he shall receive the same attorney's fee, and the amount claimed by the plaintiff shall be the basis for computing the same. In actions of replevin, the value of the property as proved shall govern the amount of attorney's fees, in case judgment is for the plaintiff and the value of the property as claimed shall govern the amount of attorney's fees in case judg ment is for the defendant. In any case not herein provided for, a reasonable attorney's fee shall be allowed in the discretion of the court, provided that no attorney's fee shall exceed the sum of twenty-five dollars; and provided further that no attorney's fee shall be allowed unless the prevailing party shall appear in the action by an attorney of a court of record.

Reporter; compensation of. SECTION 17. It shall be lawful for the municipal judge by request of either party, to call in a phonographic reporter skilled in the art of shorthand reporting, to take testimony in any action, examination or proceeding in the municipal court, and the reporter's notes so taken may be filed in lieu of the minutes of testimony required by law to be taken by justices of the peace in like proceedings, provided that in case of appeal in civil actions, said reporter when requested by the appellant shall file a transcribed copy of his notes, verified by his oath, which shall be returned as the testimony in the case, and the fees for transcribing said testimony, not exceeding five cents per folio shall be taxed as a part of the judges' fee in the case. Said reporter shall receive such compensation for taking testimony as shall be fixed by the county board, which amount shall be taxed as costs in the case. In all cases wherein the

county shall become liable for the costs, said fees and per diem. shall be certified, audited and paid out of the county treasury monthly upon filing with the county treasurer the certificate of the municipal judge showing the title of the case and the amount due said phonographic reporter for services therein. The sum per diem to the municipal judge and to the phonographic reporter shall be in lieu of the fees allowed by law to justices of the peace for taking testimony therein. Section 2439 of the statutes of 1898 shall apply to said reporter and said court.

The municipal judge

Seal for court; effect of. SECTION 18. may provide a seal for said court and all papers, depositions, certificates, acknowledginents, examinations and other documents executed or signed by said judge when scaled with the seal of the 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.

Appeals. SECTION 19. Appeals from said municipal court shall be taken to the circuit court for Lincoln 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 justice's

courts.

Records to be public. SECTION 20. The documents and records of said municipal court shall be public records, open to the inspection of all persons at every reasonable hour.

Notice of election of judge. SECTION 21. The county clerk of Lincoln county shall give the same notice of the election of said judge as in other judicial elections.

Stationery, etc., who to furnish. SECTION 22. SECTION 22. All needful stationery and all blanks required by said court in civil and criminal actions and examinations and judges' dockets required by law shall be furnished at the expense of Lincoln county.

SECTION 23. This act shall take effect and be in force, from and after its passage and publication.

Approved May 8, 1901.

No. 436, A.]

[Published May 10, 1901.

CHAPTER 315.

AN ACT to amend sections 20 and 21 of chapter 374 of the private and local laws of 1870, relating to incorporation of the Trempealeau county farmers' mutual and fire insurance

company.

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

Qualifications of officers; liability on forfeiture of membership. SECTION 1. Section 20 of chapter 374 of private and local laws of 1870 is hereby amended by striking out the words "and members" where the same appears in first line of said section and by striking out the words " and any member upon ceasing to be such resident shall thereby forfeit his membership in this company, but shall be liable to be assessed his just proportion for all claims existing against the company at the time he or she ceases to be such member," and insert in lieu thereof the following: "any person forfeiting his membership in this company shall be liable to be assessed his just proportion for all claims existing against the company at the time he or she ceases to be such member," so that said section as amended shall read as follows: Section 20. All officers of the company must be residents of the county of Trempealeau. Any person forfeiting his membership in this company shall be liable to be assessed his just proportion for all claims existing against the company at the time he or she ceases to be such member.

SECTION 2.

Who may become member. SECTION 2. Section 21 of chapter 374 of private and local laws of 1870 is hereby amended by striking out the words "being a resident of," where the same appears in first line of said section and inserting in lieu thereof "owning property in," so that said section as amended shall read as follows: Section 21. Any person owning property in the county of Trempealeau may become a member of this company by subscribing his or her name to such application therefor as the company may provide and use in making insurance and paying the secretary a fee of one dollar and fifty cents and also ten cents on each one hundred dollars insured.

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

Approved May 8, 1901.