Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-11-02
MUNICIPAL COURT IN BRATTLEBORO
Provisions of the Bill introduced by Representative Gibson Court
Would Have Wide Jurisdiction in the Trial Of Both Civil and
Criminal Cases

representative gibson has introduced
into the Legislature an act providing for
a municipal court for the village of Brat
tleboro. being in addition to act No SO
Of the laws Of 1899, entitled an act incor-
porating the village OF Brattleboro. The
act provides that biennially in November
the governor shall appoint and commits
sion for a term of two years from the
first of December next following a Judge
of said court from among the freemen of
said village, and shall by appointment fill
any vacancy that may occur in said office
The municipal court may try and de-
termine all prosecutions for such criminal
offences committed within the county of
Windham as are not punishable by death
or imprisonment in the state prison. and
shall be empowered to cause to be APP
pretended and Committed to prison. or
bound over with sufficient sureties for
trial by the county court all persons
charged with crime exceeding its juris-
diction. The municipal court shall have
exclusive original jurisdiction of all COM
plants and prosecutions for violations OF
village Ordinances and bylaws. and upon
the conviction of any person by said mu-
nicipal court for any crime or misde-
meanor within its jurisdiction TO try and
determine, or for the violation of any viii
lage ordinance or bylaw when a SEN
tence of fine and costs shall
be imposed. the municipal court shall
complied with within "a hours the person
convicted may be sentenced to the house
OF correction as many days as thrice the
number of dollars in the fine, or a minor
may be sent to the state Industrial school
In all criminal causes before said munic-
ipal court there shall be the same right. of
appeal to the county court as is provided
by law in criminal causes before a justice
of the peace, and such appeal shall be
taken in the same manner and under the
same regulations as in criminal causes
before justice of the peace
Fine and penalties imposed by the mu-
nicipal court shall be payable to the Judge
thereof and he shall account for and pay
over the same to the proper treasury.
Suitable provision is made for accounting
for and disbursing funds.
The municipal court shall have juris-
diction of all actions of a civil nature, II
either Of the parties reside in the town Of
Brattleboro at the time of the commence
ment of the action, or if neither party
reside in the state at such time except
replevin for goods and chattels where the
value thereof exceeds 5000 as fixed by the
appraisers, and actions where the title
Of land is concerned, where the debt or
other matters in demand does not exceed
$1,000, or of action Of trespasS on the
freehold, where the sum in demand does
not exceed $50; but nothing herein shall
effect the original jurisdiction of the
county court, as not provided by law.
Provided that the provisions of section
1146 Vermont statutes. in regard to the
town in which writs in certain suits there
in described shall be made returnable,
shall apply to said city court.
The municipal court shall have juris-
diction of actions arising under sections
1860 to 1865 inclusive of Vermont statutes
as justices of the peace have TheSmu-
nicipal judge may issue any process
-. - ~. fuutr
returnable before the city court.
From the judgment of the munic-
ipal court in all civil cases an appeal
shall be allowed in the same manner and
under the same provisions as now pro-
vided in regard to appeals from justices
courts, except that no appeal shall be al
lowed in civil cases where the matter In
demand shall not exceed 800. subject to
the same conditions as are provided by
law in regard to appeal from justices
court when the matter in demand does
not exceed $40; and in actions for rep
levin for goods and chattels when the APP
praised value of the goods and chattels
replevined does not exceed $40.
Rulings and exceptions of the munic-
ipal court may be taken to the supreme
court in the same manner and under the
same regulations as provided by law, for
exceptions in county court But no eX-
ceptions shall be allowed when an ap-
The municipal court shall have the same
power over its judgments. records and
proceedings as are now vested in the
county courts by statute or common law,
and may exercise in connection Herewith
all the powers of courts Of record al
common law, and may open and recon
slider any judgment rendered by default
upon application made by the party de-
fauIted within 30 days from the date OF
said judgment, provided no execution
shall have been issued; and no exception
shall issue in any case until the expiration
Of "a hours after Judgment.
The provisions of sections 1867 to 1871
Of the Vermont statutes inclusive shall
apply to said municipal court but a party
aggrieyed when the municipal court has
rendered Judgment under the circum-
stances mentioned in the sections las
above referred to, instead of applying e
the county court for an appeal may apps
to said municipal court for leave TO have
the cause reopened and heard In the sal'
municipal court, such application may o.
made in the same manner ana an th'
proceedings under such Application t'
be the same as specified IN SAID sectiohs
the municipal court and the judges there
OF acting instead Of the county cour
and the judges of the county or supreme
court and the judge OF the municipa
court may do any act or thing IN suci
a case that the judge OF the county O
supreme court may do in case OF peuuoi
for appeal under the provisions OF SAT-
sections.
LURES in the municipal court shall b
the same and drawn and summoned