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

attOrnlcS To the practice OF Jaw before 'hc
supreme and county courts, which rules
shall be uniform and binding OH the several
county courts.
10. The supreme and county courts.
| respectively, shall have power in the trial
OF actions at law. on motion and due notice
| thereof being given, to require the parties
| to produce books or writings IN their pos
| session or power, which contain evidence
pertinent to the issue or relative to the
action, in cases and under circumstances
where they might be compelled to produce
he same by the ordinary rules and proceed
lugs in chancery and It the party fail to
comply with such order, the court may
! render judgment against such party by
nonsui. or default. as the case may be.
Ia IT, pending amy suit. it shall appear
to The court that The surety or the sum OF any
recognrzance for the prosecution of the suit .
or any appeal or review. or the bail taken
by the officer on the suit, is insufficient to
secure The party for whose benefit he same
was taken. such court may IN its discretion
order bail to be put in. sufficient for the
purpose aforesaid, by such time as the
court shall direct, or that judgmen, be rem
| p'''' u'"cN wv pu''y iCCtIUS w Coiu-
ply with such order.
IS. No writ declaration, return, process
Judgment or other proceeding IN civil eau
ses in shy of the courts in this state. sha
be abated, arrested, quashed, or reversed
for any defect or want of form: but the
said courts, respectively. shall proceed 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, JUL gMent or
course of proceeding, except those on y in
case OF demurrer. which the party demur
ring shall specially set down and express,
together with his demurrer as the cause
| thereof
is. Any court may. from time to time,
amend all and every such imperfec.ion, de
fects and want of form. other than those
cniy which the party demurring sbal ex-
press, as aforesaid, and may at any time
permit either of the parties to amend any
defect in the process or pleadings upon
such conditions as the court shall prescribe
~. The judges Of the county court be.
fore which any cause sha be tried NAV, il
they judge that the jury have mistaken the
law or evidence material to the issue, or
have not paid proper attention thereto
cause them 10 return 10 n second and third
consideration of the case, and if the Jury do
not alter or retract their verdict, the same
sha III DO received.
IS. When The court have committed any
cause to the consideration Of the jury, such
jury shall be confined under the care OF an
officer. appointed by the court, and sworn
for that purpose, until they have agreed on
, verdict, or are discharged from giving Q
verdict by order Of the court
I 10. The jury empannelled for the tria
! of any civil cause may find special yer,
dict agreeably to the usages Of law.
4 90. The several county courts shall have
D power to try any issue Of fact submitted t
the court BY agreement of the parties il
e any suit pending IN such court.
d 81. The supreme and county courts
n respecllveI y, may. by agreement of The
d parties snd rule OF court, refer any cause
pending in such court, TO the determine
n ton of such number of men as shall b.
agreed upon by the parties, and the repor
. Of such refeIees being returned shall b,
;. allowed and accepted by the court gran
d ting the rule, unless sufficient cause b.
@ shown TO the contrary.
T, %. II a report of referees shall not b.
g allowed andIaccep,ed,o or no report be made
n the parties may again refer the cause, O
3 the same shall be open for trial in court, a
c though 1t had never been referred, and tn
party who shall finally recover in sue
b cause shall be allowed in his bill Of cos
q the cost otthe former reference.
Is %. The judges of the supreme an
1t county courts, when the state of bushes
1t shall require it, may adjourn their respec
G live courts within the county in which
/. they are usually held, to such day prevou
to the next stated term as they shall thin
" proper.
f "a. The chief judge of any county cou
fl may in his discretion, at any time order
Dr. specal session Of such court for the tri
Of criminal causes.
If 2s. No Judge of the supreme or count
= court shall sit in the trial of any cause
i, which he shall have been retained or acte
r. as an attorney or counsel. or is intereste
ID IN the event OF such cause, or is relate
to either party within the fourth degree
~ w olHhhV. sUdlI pe
"a mt'ed to appear as an attorney or be
counsel in any cause in which he shall ha,
W acted as Judge.
Mt 90 1t shall be the duty of the judg
OF OF the supreme court or a ma or part
III them, as soon as convenient afler their q
e. po'n'ment to designate the judges wi
n shall attend the sessions Of the supren
d' court tor the ensuing year, in such maj
is ner that four shall be assigned to eat
county, and 1t sha be the duty of the 70,
m thus designated to attend the term of Il
to supreme court in each of the counties
ne which they are assigned.
ut 81. lfany one or two of the Judges thv
IN designated shal! be legally disqualified
o. act in the decision of any cause pendir
IS, in said court, or shall be detained fro
m court by sickness or any unavoidable a
10, cdent or necessity, the remaining judg
n. so designated shall have power to try al