43 Vt. 129 | Vt. | 1870
The opinion of the court was delivered by
No question is made but that, upon the affidavit of the plaintiff, the writ in his suit against Moody properly issued against the body of Moody. When the defendant became bail for Moody in that suit, he became holden to satisfy the judgment which should be finally rendered therein, in case the plaintiff should cause the execution to be put into the hands of a proper officer
Justices of the peace are not always courts ; they have jurisdiction given them to try and determine certain criminal prosecutions and civil actions, and to bind over for trial by higher courts persons accused of crimes beyond their jurisdiction to try. When taking cognizance of a criminal prosecution or of a civil suit or proceeding brought before them, they are courts ; their proceedings are judicial proceedings, and their decisions are judgments of record. They have no stated terms of court appointed by law to be holden like the sessions of the higher courts, but the manner of commencement of prosecutions and suits before them, is particularly pointed out by the various provisions of the statute upon that subject, and those provisions contemplate that the time and place of trial, to be had before them, shall be appointed by them, they being limited in that respect only by general provisions of the statute as to the county or town and time within which the trial must be had. When a justice is present, within two hours of the time and at the place appointed for trial or hearing in a civil process issued for that purpose, or of the time and at the place to which such trial or hearing may -have been continued, with the process, then he is invested with judicial power's, over that proceeding, co-extensive with the disposition he is, authorised
The judgment is affirmed.