Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-11-02

| bly, Of the state Of Vermont;
See. l. A court within aud for the vii.
lhge OF Brattleboro is hereby established, 10
be called the municipal court, and II shall be
court OF record. and shall have a seal.
The governor shah, before this act goes into
effect and biennially thereafter during the
month of November, appoint and commits
sion. for the term OF two years from the
| frat day OF December next following said
| appointment Judge of said court from
among the freomen OF said village, and shall
by appointment fill any vacancy that may
| occur in said Office.
See. ?. The municipal court may try and
determine all prosecutions for such criminal
offenses 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 apprehended
and committed to prison, or bound over
with sufficient sureties for trial by the eoun'
ty court, all persons charged with crime ex.
coeding It's jurisdiction to try and determine.
The municipal court shall have exclusive
original jurisdiction Of all complaints and
prosecutions for violations Of village ord.
nances and bylaws, and upon the conviction
Of any person by said municipal court for any
crime or misdemeanor within its jurisdic.
ton TO try and determine. or for the viola.
ton OF any village ordinance or bylaw when
q sentence or fine and costs shall be i'm.
posed, the municipal court shall further or.
der that II such sentence is not complied
with within "a hours from It's rendition. the
person so convicted and sentenced shall be
imprisoned in the house Of correction at
Rutland, in the county Of Rutland, for as
many days as thrice the number OF dollars
to be paid by the sentence including costs
Of commitment which costs shall be fixed
and determined by said municipal court and
included In the sentence. and said municipal
court may in its discretion issue warrant
u commitment forthwith, provided that il
the person so convicted shall be a boy un.
der the age Of 10 or . girl under the age Of
l6, the municipal court may sentence such
1ffender TO the Vermont industrial school at
Vergennes, in the county OF Addison. until
II age. under the same regulations and con.
ditons as provided by section 1921 Yer,
mont statutes. In all criminal causes be.
fore said municipal 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 be-
fore justice Of the peace.
Sec 3. Fines and penalties imposed by
said municipal court shall be payable to the
Judge thereof and he shall account for and
pay over the same to the proper treasury
All fines penalties and costs payable by
law TO any town or city treasury shall be
paid by said judge into the proper treasury
on or before the first Monday OF the month
succeeding their collection and where the
costs are, by law, 10 be paid by any village
or town, the judge may draw orders upon the
town or village treasurer for such costs
payable 10 himself and shall disburse the
same TO the persons entitled thereto, but he
shall file with such treasurer detailed state.
ment Of all such costs and pay over to said
treasurer all fines and costs by him re.
coived before such order shall be paid.
The judge of said court shall pay from any
fines and costs belonging to the state all
Juror and witness fees payable by the state.
including jurors fees in civil cases as here.
matter provided for. and shall take the re.
ceipts of the persons receiving the same.
On or before the first day Of March,
Tune, September and December of each year
said Judge shall pay to the state treasurer
I'll money in his hands belonging to the
state and shall take duplicate receipts there
fore one OF which shall be Immediately for.
warded by him to the state auditor. On the
frst day of March, June, September and
December Of each year the Judge shall make
nut and return to the auditor all cost bills
md returns now required by law to be made
to the county clerk, and the auditor shall
furnish said judge all necessary blanks
therefor
Between the first and fifteenth DAYS Of
March, June, September and December Of
each year the auditor shall audit the accounts
II said judge for the preceding three
months and shall draw his order on the
state treasurer. in favor Of said judge, for
I'll fees and costs found due said judge on
such accounting.
Extent of Civil Jurisdiction.
Sec. 4. The municipal court shall have
jurisdiction Of all actions Of civil nature, |
II either Of the parties reside in the town
If Brattleboro at the time Of the commence.
uent of the action. or II neither party re
side in the state at such time; except reple
vim for goods and chattels where the value
hereof exceeds two hundred dollars as fixed
~ the appraisers, and actions where the
title Of land is concerned. where the debt or
other matter in demand does not exceed one
thousand dollars, and Of actions of trespass
IN the freehold, where the sum in demand |
ioes not exceed twenty dollars but nothing |
herein contained shall affect the original
jurisdiction Of the county court, as now pro- |
vided by law. Provided that the provisions
If section TAG Vermont Statutes in re-
gard to the town in which writs in certain
hall apply to said city court.
The municipal court shall have the same
Jurisdiction of actions arising under sections
I $50 to 1865 inclusive Of Vermont Stat
ties as justices of the peace have. The mum
cipal judge may issue any process which
Justice of the peace may issue returnable be.
'ore the city court.
Sec. 5. From the Judgment of the mum.
cipal court in all civil cases an appeal shall
he allowed in the same manner and under
he same provisions as now provided in re-
gard TO appeals from justices courts, ex.
cept that no appeal shall be allowed in civil
cases when the matter in demand shall not
exceed one hundred dollars. subject to the
same exceptions as are provided by law in
regard to appeals from justices courts when
he matter in demand does not exceed TWEEN
y dollars; and in actions of replevin for
goods and chattels when the appraised value
If the goods and chattels repleved does not
exceed twenty dollars.
Sec. 6. Process returnable to said NUM-
,ipal court shall be substantially in the same
orm as in justices courts. and shall be
served in the same manner.
Sec. 7. In all prosecutions for criminal
,ffenses within the jurisdiction of the mum
,ipal court to try and determine. and in all
ppealable civil causes before said municipal
,ourt exceptions to the judgment, rulings
md orders of the said court upon questions
# law, may be taken to the supreme court
n the same manner and under the same reg
lations as provided by law for exceptions in
ounty court, and thereupon the cause in
which exceptions are taken shall pass to the $
upreme' court; and in such a case copy )
+ the record and all pleadngs in said cause.
ivil or criminal, properly certified by the
Judge, together with the exceptions, shall )
re filed with the county clerk within thirty I
ays from the date of the judgment; but at
ny time before final disposition of said q
ause in supreme court said judge may q
mend said copy or exceptions. But no ex- $
options shall be allowed when an appeal is d