The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1915-03-15
VOTERS WILL PASS ON VIEW
GODFATHER TOMORROW

Therein described shall be made re-
sturnable, shall apply to said muni-
lcipal court. The court shall nave
the same Jurisdiction of actions aris'
ling under sesctions 1870 to- 1876, In
sclusive, o fthe Public Statutes as ~
law is vested in justices Of the.
peace: nothing herein contained snail
effect the original jurisdiction oil the
county court. 3
Sec. "a The municipal court may
try and determine all prosecutions
for such criminal offenses committed
in the county of Bennington as are
not punishable by death or. imprison
ment IN the state prison and may
cause to be apprehended and commits
ted to Jail, or bound over with sum
cient sureties for trial by county
court, persons charged with crime
committed within the county exceed
ing its jurisdiction to try and deter.
mine.
Sec. 25. The municipal court shali
have original jurisdiction of all COM
plants and prosecutions for violation
of the ordinances and bylaws OF the
village or any municipal corporation
in the county of Bennington; and, up
on conviction of any person by the
municipal court for any felony or mis-
demeanor within its jurisdiction, or
for the violation of any village erdin-
ances or bylaws, when a sentence Of
er party resides in the state, at the
time OF the commencement of the ac-
tton, Except replevin for goods and
chattels when the value thereof as
fixed by appraisers exceeds one hum
dred dollars and actions where the
title to land is concerned and action
of trespass on the freehold where the.
sum in demand does not exceed TWEEN
ty dollars, where the debt or other
matter In demand does not exceed
FIVE hundred dollars; provided that
the provisions OF section 1896 OF the
Public Statutes, in regard TO the town
fine and costs shall be imposed,
said court shall impose such alterna,
tive sentence as other muncipal
courts are required to impose in
such cases and the municipal court
may, in its discretion, issue a war
rant of commitment forthwith, pro.
vided that il the person so convicted
is under the age of sixteen years the
municipal court may sentence the Of
fender to the Vermont Industrial
school until of age, under the same
regulations and conditions as proviS-
ed by section 6o32 of the Public
Statutes.
Sec 20 In all criminal cases be.
fore the municipal court, there shall
be the same right of trial by jurys
and appeal to the county court as is
provided by law in criminal cases be-
for justice fthe peace. and such
appeal shall be taken in the same
manner and under the same 'regnla'
lions as in criminal eases Ibsfore a
justice of the peace.
Sec. 81. From the judgment of the
municipal court in all civil causes,
except as hereinafter provided, an ap-
peal may be taken to the county
court under the same regulations rs
are provided for appeals from the
Judgment of a justice of the peace in
civil cases. No appeal shall be allow
ed in any of the Following cases:
/. When judgment is rendered by
non-suit or default
2 In actions when neither the I'D
damnum in the plaintiffs writ nor
the sum demanded by the declaration,
nor the specifications or exhibits OF
the plaintiff on trial. shall exceed the
sum of fifty dollars; actions of as
sumpsit 10 recover balance due on
account when the balance claimed
does not exceed fifty dollars, pro-
vided that an appeal shall be allowed
in actions in which the legality OF
the assessment or collection OF any
tax is concerned; actions by one town
against another for the. support Of
paupers; actions for fine or penalty
actions for trespass on the freehold;
actions where the defendant pleads
in set-off demands exceeding nifty
dollars, and files with the court With
in two hours fthe redition of judg-
ment an affidavit setting forth tina.
such plea is made in good faith and
that such set-off has not been allowed
him by plaintiff in his specifications;
actions of assumpsit to recover the
balance due on account when the de-
PENDANT files an affidavit with the
court. as above required, setting forth
that he has good defense to more
than fifty dollars of the plaintiffs
account; actions where the defendant
in good faith pleads the authority of
a court, civil or military, in excuse OF
justification: actions where the de,
PENDANT in good faith pleads an exr,
cnse or justification that he was. act