The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1915-03-15

duties incidental TO a clerk or court
OF record, and the judge shall fix and
pay the clerks compensation out OF
his own fees and emoluments; provld.
ed. however. that the judge may him,
self perform all the duties and acts
which the clerk might do and per-
form. All processes. both civil and
criminal returnable to OF issuing out
of said court, except citation in a
petition for new hearing or trial in
which stay ofproceedings shall be
ordered, may be signed by either tho
Judge or the clerk Of said court. and
all papers to be filed in the courI
may be filed with the judge or clerk
The clerk shall be duly sworn and
many administer oaths. The clerk
may administer oaths. The clerk
lations of the village ordinances or
bylaws. in the absence Of the mum.
cipaI Judge from said court, fix the
amount OF bail to be furnished by a
respondent arrested and brought te-
fore the court and take such respon-
dents recognizance and that OF his
sureties in such case. and also taxa
the recognizance in cases where bail
has been fixed by the judge, and =
recognizance SO entered into shall be
as valid and effectual as If entered in.
to before said municipal Judge.
Sec. IS. In all cases where the
Judge OF said municipal court is dis
qualified to act, or where 1t shall be
made to appear to said court that
fair and impartial trial can not be
had In the court. upon motion in writ
ing by either party made before any
trial shall be commenced therein the
cause. In the discretion of the munich
pal Judge, may be removed to the
Bennington county court at the next
term thereof; and the process. plead
ings, motion, order of removal, dis
positions, and all other evidence on
file in such cause, being certified and
returned to said county court, the
cause shall be proceeded with in the
same manner and with the like effect
as II originally commenced in the
county court or properly carried
there by appeal; save that 1t shah
not be dismissed because the county
court did not have original jurisdic.
ton therein.
Sec. SO. Whenever the municipal
Judge shall be unable to attend at the
time and place appointed for the trial
of any cause, the clerk or any jus.
tice may continue the same for a
period not exceeding three weeks,
and the death OF the municipal judge,
or his resignation, removal from the
village, permanent inability to serve,
or temporary inability to serve, or
temporary absence from the village,
shall not cause discontinuance or
transfer to another. tribunal OF an:n
cause or matter pending in said
municipal court. but the same shall
continue pending in said court. q.
Any justice OF the peace in the
county OF Bennington, by agreement
of the parties to the cause, may. in
the absence OF the Judge, try and de.
termine a cause pending in the NUM-
cipal court. 3.
Sec. 81 The Judge shall have the
power to make and enforce such rules
as to procedure in said court as may
Seem to him just, and as are not con-.
trary to law. The Judge, clerk or any
Justice within the county of Benning
ton may sign warrants and complaints
returnable before said municipal
court.
Sec. 49, Said municipal court shall
have all the powers granted by law,