Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-09


they IN ght be compelled 10 produce the same by I
the ordinary rules and proceedings III chancery
and ifthe party fail to comply with such order, the
court may render judgment against such party by I
nonsu or default rs the case may be. +
IA. If pending any suit, it shall appear to the
court that the surety or the sum OF any recogh- c
zance for the prosecution of the suit, or any APP i
peal or review. or the hail taken by the officer on
the suit, is insufficient to secure the party for I
whose benefit the same taken, such court I
may in its discretion order bail to he put ILL., sufli-
cient for the purpose aforesaid. 10y such time MS
the court shall direct, that judgment be render
ed against the party neglecilng to comply with 5
such order.
Is. No writ declaration, return, process, Judg- 5
ment or other proceeding in civil causes in any OF
the courts in this state, shall be ab1ted, arrested,
quashed, reversed for any defect or want OF
form; but the said courts respectively, shall pro
coed and give judgment according to the right
of the case and matters in law without regar-
ding any imperfections, defects or want OF
form, in such writ, declaration or other pleading,
return process, judgment or course otproceedlng.
except those only in case OF demurrer, which the
party demurng shall specially set down aud ex-
press, together with his demurrer as tho cause
thereof
Is. Any court may. from time to time, amend
all and every such imperfecton, defects and want
of form, other than those only which the party
demurring shall express, as aforesaid, and may at
any time permit either of the parties to amend any
defect in the process pleadings upon such con-
tlitions as the court shall prescribe.
IL. The Judges of the county court before which
any cause shall he tried, may, If they judge that
the Jury have mistaken the law or evidence ma
teria to the issue, or have not paid proper h!ten-
ton thereto, cause them TO return to second and
third consideration of the case, and il the jury do
not alter or retract their verdict the same shall be
received.
I8. When the court have committed any cause
to the consideration OF the jury, such jury shall be
Iconfined under the of officer, appointed
by the court, and sworn Tor thai purpose, until
they have agreed on verdict, or are discharged
from giving verdict, by order of the court
TO- The jury empannclled for the trial of any
civil cause may find special verdict agreeably 10
the usages of law.
90. The several county courts shall have pow
err to try any issue of fact submitted to the court
by agreement of the parties, in any suit pending
in such court.
81. The supreme and county courts respective
ly, may, by agreement of the parties and rule OF
court, refer any cause pending in such court, tc
the determination OF such number of men as slal
be agreed upon by the parties, and the report o
such referees being returned shall be allowed ant
accepted by the court granting the rule, unless
sufficient cause he shown to the contrary.
%. If report of referees shall not be allow
ed and accepted, or report be made, The par
ties may again refer the cause, or the same shall
he open Tor trial in court, as though it had never
been referred, and the party who shall finally re-
cover in such cause shall be allowed in his bill Of
costs the cost of the former reference.
%. Ehe judges of the supreme and county
courts when the state of business shall require il
may adjourn their respective courts within the
county in which they usually held, to sue h
day previous TO the next stated term as they shall
think proper
"a. The chief Judge of any county court may
in his discretion, any time order n special SEES.
sion Of such for the trial of criminal causes
20. No Judge of the supreme county court
shall sit in the trial OF any cause in whoh he shall
have been retained or acted as attorney or coun-
sci, or is interested in the event of such cause, OF
is related 10 either party within the fourth degree
of consanguinity or affinity. nor shall he permitted
to appear rs an attorney or he of counsel in any
cause in which he shall have acted as Judge.
20. 1t shall he The duty of the Judges of the su
preme court, ora major part Of them, soon a:
convenient after their appointments to designate
the Judges who shall attend the sessions of the
supreme court for the ensuing year in such II man
ner that four shall he assigned to each county anC
1t shall he the duty of The tour thus designated t.
attend the term OF the supreme court in each o
the counties to which they assigned.
~. IL any one or two of the judges thus desg
mated, shall be legally disqualified to act in the de
cision of any cause pendingin said court, or shall
he detained from court by sickness, any un
avoldable accident or necessity, the remaining
Judges so designated shall have power TO try AM
determine any such cause hold the court 70
such term; but when there are only three iudg
es present at any term of the supreme court. II,
cause shall be determined by such court, unles
all the Judges concur in the decision.
70. One Judge OF the county court may try AM
determine any cause pending in such court, whei
the other Judges present are legally disqualified t.
act on the trial of such cause
80, In caseany Judge of the supreme court shall
he n uuv fqr OI
IN his jullicla circuit by reason of sickness, nh
sence or other cause, or by reason of interest, o
otherwise, is disqualified 10 act in the trial of an,
cause pending in such court, any other judge o
TIE supreme court nmy preside IN such COUNTY
court during such term, or the trial oiany sucl
cause
30. The supreme county court shall hav,
power TO appoint commissioners to take and re
port to the court the accounts of any executor nd
minisrator or guardian in case appealed from
the decision OF u probate court and any commits
soner, appointed, may administer all necessar,
oaths Oh the examination of such accounts, ant
such report shall he subject to the opinion of lh'
court. upon the facts therein exhibited
81. All wrs, processes, declarations, indictments
pleas, answers, and entries in the several court
of justice in This state shall lie in the English Ian
guage, except technical terms.
81. When judgment shall be rendered iy de
fault or on demurrer IN any court, the judges o
the court shall have full power, by themselves, by
the jury in court, the report of The clerk, the re
port, on oath, of any person appointed ms an in
quest by the court 10 ascertain the sum due.
49, II any person shall cause process to be sery
ed on another for any matter or cause, md discon
time his suit, or be nonsuit therein, or when sucl
suit shall be abated or dismissed for want of ia
risdicIion, the court to which such process is ma Il
returnuble shall give judgment for tho defendan
TO recover reasonable costs
"a. When the defendan, in any suit being dul!
nuaI, and
" made, shall not appear in person orhy attorney
his default shall be recorded and judgment rem
dered against him thereon, unless on or before TIN
third day of the term he shall come into court an,