Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-11-02

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courts.
The town constable shall be the officer
of the municipal court in the same manner
and subject to the same exceptions and
regulations that the first constable of a
town is of the justices courts
The municipal judge shall receive a
salary of $500 per annum to be paid semi
annually by the state treasurer. and in
addition shall be entitled to tax and re-
ceive in all cases, both civil and criminal
double the fees allowed by law to ms
tees of the peace, except for copies of
record and files, for which copies he shall
be allowed 10 cents per folio. and shall
be entitled to 10 cents for each cost bill
required by law. which shall be in fun
payment for cost bills and returns re-
quired by law. The judge shall also be
entitled to 81 for each bill of exceptions
allowed and signed by him. The Judge
shall also receive 10 cents per folio on
copies or files furnished the county court
on request of the states attorney.
Parties, witnesses and officers shall be
entitled to ..4e same fees as are now pro-
vided by law in civil and criminal causes
before justices of the peace Jurors
shall receive 81 each.
The municipal court shall be held by
the judge thereof and shall be open at
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 disability 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 to 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
fha nv nf fha
to a cause. in the absence of the judge
may try and determine cause pending
in said municipal court
Suitable provision is made for keeping
the docket and records.
The judge shall appoint a clerk of the
court, who shall, hold his Office during the
pleasure of the judge. and who shall
have the power and perform all the duties
incident to a clerk of a court of record,
and said judge shall fix and pay the
clerks compensation out of his own fees
and emoluments provided, however, that
the judge may himself perform all the
duties and acts which the clerk might
do and perform.
All processes. both civil and criminal.
returnable to or Issuing out of said court,
except citation in a petition for n new
hearing or trial in which stay OF pro-
ceedings shall be made may be signed
by either the Judge or clerk of said court,
may be filed with the judge or clerk.
The clerk of said court may in all
cases of misdemeanors or violations of
the village ordinances. in the absence
of the municipal Judge from said court
fix the amount of bail TO be furnished by
any respondent arrested and brought be-
fore said court and take such respond
ents recognizance and that of his sureties
in such case, and also take the recogniz-
ance In cases where bail has been fixed
by the municipal judge, and any recogniZ-
ance so entered into before said municipal
judge
The Judge may. and at the request OF
either party shall instruct the jury
touching the law applicable to cause on
trial.
Either party In a civil or criminal
cause before the municipal court shall be
entitled to a jury under the same regu-
lations and provisions as are fixed by
law relating to juries IL justices courts
except as herein otherwise provided.
The Judge Of the municipal court shall
be ex-officio'a justice of the peace within
and for the county of Windham and Is
hereby authorized and empowered to do
any act that a justice of the peace may
do and all obligations imposed by law
upon justices of the peace are hereby i'm
posed upon him as a Justice of the peace.
and he shall file his oath OF office as
Justice in the county clerks office as re-
Qutred Dy law OF JuSIttS vi PSteNN-
The Judge of the municipal court may sign
original writs returnable to any county
court in this state.
And the municipal judge snail have
power to take affidavits and dispositions,
to administer oaths for general purposes,
and also to take acknowledgements OF
deeds leases and other instruments re-
| curing acknowledgements under the seal
of said court.
Any justice OF the peace or master In
! chancery within the county and the clerk
| of the county may sign writs returnable
before the municipal court
Criminal prosecutions before said mu-
| nicipaI court may be brought by the
| states attorney, city attorney and any
| grand Juror or the grand jurors OF the
| Town Of Brattleboro of Windham county
| for offences committed in said Windham
county but all prosecutions for a breach
| of any village ordinance or bylaw shall
! he brought solely by the village attorney;
| hut in the absence of the village attorney
| or by any reason of his inability to serve,
prosecutions for breach of village ordin-
! ances or bylaws may be brought by
| town grand Juror in said municipal court
| ana prosecutions for criminal offences
1 NAV be brought by the village attorney
/ before justices of the peace; and the
| village attorney shall in all cases be sub
! iect TO all and the same penalties and
| liabilities for any neglect or violation OF
| of8ciaI duties as are imposed by law upon
| states attorneys In all criminal prose-
| cutions in said court the prosecuting
officer shall be entitled TO tax and re-