Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-13

are Iega'lV dIsQud'iiIeu W uCl VII Tue ti'uI
of such cause.
90. IN case aov Judge Of the supreme
court shall be unable 10 attend any term
of the county court in his judicial circuit
| by reason Of sickness. absence, or other
, cause. or BY reason of interest, or other
!; wise rs disqualified to act in The trial ofany
cause pending in such court, any other
, Judge of The supreme court nay preside IN
, such county court during such term or on
the trial OF such cause.
, 80. The supreme or county court shall
. have power to appoint commissioners TO
take and report to the court the accounts
Of any executor, administrator, or guardian
, in case appealed from the decision OF
probate court I; and any commissioner so
appointed may administer all necessary
oalhs on the examination Of such accounts.
and such report shall be subject to the
opinion Of he court, upon the facts there.
, in exhibited.
, 81. All wri's, processes, declarations,
, indictments. pleas, answers, and entries in
, the several courts Of justice in this state
, shall be in the English language, except
technical terms.
80. When Judgment shall be rendered
by default or on demurrer in any court,
the Judges of the court shall have full pow
er, by themselves. bv the jury in court, The
report Of the clerk, or the report, on oath,
| of any person appointed as an inquest by
the court, to ascertain the sum due.
! SO. II any person shall cause process to
f be served on another for any matter or
cause. and discontinue his suit, or be non.
f suit therein. or when such suit shall be
r abated or dismissed for want Of iurisdlc.
r ton, the court TO which such process is
n made returnable, shall give judgment for
the defendant to recover reasonable costs
"a. When The defendant in any suit be.
thereof being duly made, shal not ap-
pear in person or by attorney, his default
> shall be recorded, and judgment rendered
. against him thereon, unless on or before
the third day of the term he shall come
q into court and move for trial, in which
= case he shall be admitted thereto, upon
n paying to the adverse party legal costs.
35. The defendant in any action may
plead the general issue. and upon The trial
# of the cause on such general plea, may
q give any special matter in evidence. in his
defence or justification, according TO the
nature of the action. he giving notice in
Il writing, with rho plea of the special matt
q ter on which he shall rely in such defence
. or justification, and m special matter shall
be allowed in evidence, except such os
y shall be particularly mentioned in such
h notice, in writing.
n SO. All issues Of law, and all questions
n of law arising upon the trial of any issue OF
n fact, by the court or jury, and placed upon
q the record by the agreement Of The parties.
or the allowance and order Of any two OF
II the Judges that attend the trial determined
). by any county court. may pass TO the su.
preme court for final decs ion: but exc.
q culion shall not Of course be stayed thereby,
O but may be stayed by order of the court on
n consideration Of the difficulty and impor-
lance of the question.
81. Exceptions to the opinion Of the
g comfy court on any question Of law which
e may arise on the trial of any civil cause,
/. shall be signed by the presiding judge and
% filed with the clerk of such court within
Il thirty days after the rising of the court ;
% and if hey are not filed within that time
, it shall be the duty of the clerk to erase
,e any entry of exceptions which may be
made on the docket, and issue execution
10 on the judgment; and the time such entry
q s erased from the docket shall be deemed
3r the day on which the plaintiff is fret emit
AZ tied 10 execution on the Judgment.
10 38. When execution shall be stayed Al
n aforesaid, and the Judgment of the count!
at court shall be affirmed by the suprem,
court, such court shal! render judgmen
I'd for the amount for which judgment wa
sS rendered by the county court, adding there
=. to interest upon the debtor damages durin!
h such stay Of execution, with addit!ona
ne costs.
nj; 80. Whenever jury trial shall becom
necessary in any cause pending in th
-, supreme court, the original files and paper
q shall be removed to the county court 70
il, such trial, accompanied with a certifical
of the order of The supreme court, and
~ such cause was originally commenced i
in the county court, such court may procee
ed to try md render judgment in the same
cd but if the county court has not juriscctlo
ed to render judgment upon the verdict j
NJ such cause, the verdict shall be certified I
~. the supreme court next thereafter held i
of the same county, which court shall rende
va judgment thereon, according to law.
40, When the judgment OF any count
,es court upon question Of law is to be re
If vlsed by the supreme court, all the origins
N. files and papers shall be removed to tn
ho supreme court. and the supreme court sha
mo render such judgment thereon as ought
~ be rendered.
ch Al. Any party who shall carry caus
N, from the county court 10 the suprem
he court, for the trial of any question of la
~ therein. shall not afterwards be permitte
to review such cause.
,us Proceedings in Actions on Penal Bond
to AZ. 10 all actions brought to recover tn
ng forfeiture annexed 10 any articles of agree
ON ment, covenant, bond, bond ofrecognzaDC
&C. with condition thereto annexed, contrac
'es chatter party, or other specially when III
nd forfeiture, breach or non. performance shs