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

such application TO be the same as specified
In said sections. the municipal court and the
Judge thereof acting instead Of the county
court and the judges Of the county or su
preme court. aud the Judge Of the municipal
court may do any act or thing In such case
that the judge Of the county or supreme
court may do In case Of petition for appeal
under the provisions Of said sections, Such
proceedings shall be had within the time
specified In said sections for petition for an
appeal.
See. 10. Jurles In said municipal court
shall he the same and be drawn and sum
moned In the same manner as juries In JUS
tices' courts
Sec. II. The town constable shall be the
officer Of said municipal court In the same
manner aud subject to the same exceptions
and regulations that the first constable Of q
town is Of justices courts.
Judges Salary $500 and Fees.
Sec IL. The municipal judge shall re-
ceiye salary Of three hundred dollars per
annum 10 be paid by the state treasurer,
semi annually on the first day OF June and
December and in addition shall be entitled TO
tax and receive in all eases. both civil and
criminal double the fees allowed by law TO
justices Of the peace, except for copies OF
records and files, for which copies he shall
be allowed ten cents per folio, and shall also
he entitled TO ten cents for each cost bill
required by law. which shall be in full pay
ment for cost bills and returns required by
law.
The municipal Judge shall also be entitled
TO tax and receive the sum Of one dollar for
each bill OF exceptions allowed and signed
by him. which with the fees for the copies
ran ta r.1 In Ina 3 n gmN aFnn
court. shall in civil cases be paid by the
state, and taxed against the respondent II
finally convicted. In all criminal proceedings
In county or supreme court or before any
grand jury. or in injunction cases before the
chancellor, where the states attorney re-
quircs Of the municipal judge certified copies
Of record or files Of said court. the judges
shall be paid ten cents per folio for the
same by the county clerk In the same man
ner that witness fees in said courts are now
paid by him. ON certificate Of the states at.
iorney that said Judge has furnished the
same at his request. which shall be allowed
said county clerk by the state auditor the
same as witness fees are now allowed and
shall be taxed as costs against the respond
ent II convicted.
Parties, witnesses and officers shall be
entitled TO the same fees as are now pro.
fore justices Of the peace.
Jurors in said court shall receive one dol
lar each to be paid by the state. In civil
causes the party calling for the jury shall
pay into cour, three dollars for the use Of
the state before said Jury is summoned,
which shall be taxed as costs in favor Of the
party advancing the same II he finally recov'
crs in said suit. In criminal causes where
the trial is by jury, three dollars shall be
taxed as costs against the respondent II con
victed In criminal causes the jury fee
shall be paid from the treasury now liable
by law for the costs.
Sec 10. The municipal court shall be
held by the judge thereof and be open al
all times in case Of his absence or in case
Of his disability from any cause the board Of
bailiffs may name any one Of the justices Of
the peace Of the town TO act as judge and TO
hold said court during the absence or disa.
billy Of the judge, who shall. for the time
being, exercise all the powers Of the judge
Of said court: in the absence Of the judge the
clerk of the court or any justice Of the peace
shall have power 10 continue cause. but
not to alter any order for continuance which
may have been made and entered upon the
docket by the judge. Any justice Of the
peace, by agreement Of the parties 10 q cause,
in the absence of the judge may try and de.
termine cause pending In said municipal
court.
Sec, II A docket shall be kept upon
which shall be entered all causes pending in
said court. and full records OF all causes de-
termined shall be made and kept in a book
or books kept for that purpose but II shall
not be necessary TO spread at length upon
the record all Of the pleadings, All pro-
cess, pleadings, and papers relating to any
cause in said municipal court. shall be kept
and preserved, and together with the records
shall be subject TO inspection and examina
ton by any party interested In said cause:
md upon tender Of the legal fees the judge
shall furnish. or cause TO be furnished, duly
certified copies Of any such records plead
ngs, process or papers.
Sec. IS. The judge OF the municipal court
shall appoint a clerk OF the municipal court
who shall hold Office during the pleasure OF
said judge. who shall have the power and
perform all the duties incident TO clerk Of
court Of record, and said judge shall fix
md pay the clerk compensation out of his
,wn fees and emoluments provided, however, |
hat the Judge himself perform all the duties
md acts which the clerk might do and per |
orm.
All process, both civil and criminal, re.
urnable to or issuing out Of said court, ex.
ept a citation in a petition for a new hear
ng or trial in which stay of proceedings |
hall be made, may be signed by either the
Judge or clerk of said court, and all papers
o be filed in said court may be filed with |
he judge or clerk.
The clerk of said court may in all cases
# misdemeanors or violations of the village
ordinances, in the absence of the municipal
Judge from said court. fix the amount of bail
o be furnished by any respondent arrested
nd brought before said court and take such
espondent's recOgnizance in cases where
ai has been fixed by the municipal Judge,
nd any recognzance so entered into be-
ore said municipal judge.
Sec. 10. The judge may, and at the re,
uest Of either party shall, instruct the jury
ouching the law applicable to o cause on
rial.
Sec. II, Either party in a civil or crimi.
al cause before the municipal court shall
e entitled to a jury under the same regula.
ions and provisions as are fixed by law re.
ltng to juries in justices courts except as
erein otherwise provided.
Sec. Is. The judge of the municipal
curt shall be ex.Officio Judge of the
eace within and for the county of Wind
am and is hereby authorized and empow
red to do any act that justice Of the peace
lay do, and all obligations imposed by law
pom justices of the peace are hereby i'm
osed upon him as a justice OF the peace
nd he shall file his oath of office as a JUS
ce in the county clerks office as required
y law of justices of the peace. The judge
the municipal court may sign original
rits rerurnable to any county court in this
ate.
And the municipal judge shall have power |
take affadavits and dispositions, to ad.
mister oaths for general purposes, and also
take acknowledgements of deeds, leases
I'd other instruments requiring acknowledge
ents under the seal of said court.
Sec. 10. Any justice OF the peace or mas. !
r in chancery within the cotInty and the (
ERIK of the county may sign writs return .
,la hefnra tha muuicinal cnurt /.