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

SUPREME AND COUNTY COURTS


/. There shall be supreme court With
in and for this state, to be held at the respec-
tive times and places by law appointed for that
purpose, which shall consist of one chief Judge,
and four assistant Judges, any three of whom shall
he quorum, to be appointed in the manner pro.
vided 10y the constitution.
2. Whenever on the trial of any cause before
the supreme court tho Judges present shall be
equally divided in opinion, the judgment shall be
rendered according to the opinion of the presiding
judge.
B. There shall he in each county county court,
TO be held at such times and places ms shall be APP
pointed by law for that purpose, to consist Of ono
chiefjndge. who shall be one of the judges of the
supreme court to be annually designated by the
judges of the supreme court for each Judicial cir
cult established by law, and two assistant judges,
to be appointed for each county, and to hold their
offices as provided by the constitution and laws of
the state any two of whom shall be quorum.
A. There shall be FIVE judicial circuits in the
state, as follows:-
The first shall consist of the counties of Ben
nington and Rutland;
The second, ofthe counties Of Windham, Wind
sor and Orange;
The third, of The counties of Addison, Chitten-
den and Grand Isle
The fourth, of the counties of Washington,
Caledonia and Essex;
The fifth, of the counties of Fra kim Orleans
and Lumoie.
E,.one Judge of the supreme or county court,
in me absence of the Others shall have power to
open and adjourn their respective courts until Il
quorum shall convene and il no Judge of the
court be present, the sheriff of the county shall
have power to open and adjourn any supreme or
county court, from day TO day, until one of the
Judges shall he present.
6. The supreme court shall have exclusive iu-
risdction of all such petlrons not riabIe by jury,
as may by law be brought before such court, and
shall have power to issue and determine all wrs
of error, certiorar, mandamus, prohibition and
quo warranto, and all other wriis and processes to
courts of inferior lursdIctiOn to corporations aud
individuals that shall be necessary TO the further
ance OF justice and The regular execution of the
laws and shall have power TO try and determine
all such questions of law as shall be removed from
the county court, agreeably to the provisions of
This chapter.
! Z. Each county court, within the several coun-
ties, Shall have original and exclusive jurisdiction
of all original civil actions, except such as are
made cognizable by justice, and of all such Pc
tilions as may by law be brought before such
court and appellate jurisdiction Of all causes civil
and criminal appeaable 10 such court, and may
render judgment thereon according to law.
| 8. Each county court shall have original luris-
diction of all prosecutions for criminal offences
Within the several counties, except such as are by
law made cogniZable by Justice, and may award
such sentence MS to law and justice appertains.
| g. In all civil causes tried before The county
court, either party may once and no more review
his cause to the next term of such court; but no
review shall he allowed in either of the following
cases
! ]. When the judgment is rendered upon non.
suit or default.
| 2. N hen judgment shall have been rendered in
any cause twice for the same party.
3. When either party shall have waived his
review by entry made for that purpose.
4. In any suit brought against sheriff, high
balfl or constable for not executing or duly retur-
ming writ of execution TO him delivered TO serve,
| when receipt was given by or demanded of such
officer at the time of the delivery thereof
s. In any suit brought by a sheriff, high bailiff
or constable OH any rece ipf writing obligatory,
executed for goods clattels seized or taken by
virtue of any writ OF execution Or attachment, in
which receipt or writing the party executing the
same promised TO re-leiver such goods or chat
tells
g. In any suit brought by sheriffor high bailiff
against his deputy, surelies, OH any bond, eX-
ecuteh to indemnify such sheriff or high baff
against any act, neglect or default OF his deputy
T. In any suit brought against sheriff or high
bailiff or the surees on any recogniZance entered
INTO by such sheriff, high baii or sureties, Tor the
faithful performance of the Office and duty of such
sheriffo or high haiff
g. In any suit which came TO said court by ap-
peal, exec when review is allowed by law.
TO- No party shall be allowed TO review his
cause until he shall have given sufficient security
to the adverse party, by way of recogni2ance, in
such sum as the court shall direct, conditioned
that he prosecute his review 20 effect, and answer
and pay all intervening damages accustomed to
the adverse party by delay, with additional costs in
case the Judgment he affirmed.
II. When party having appealed from the
judgment OF justice shall neglect to enser his aI-
peal in the county cour al the term of such court
next after such judgment, such county court on
the complaint in writing of the adverse party, and
the production of certified copy Of such justice s
judgment and appeal, shall affirm such judgne NJ,
adding 10 the damages, interest at the rate OF IL
per cent. p r annum from the time of rendering
the Judgment with additional costs.
~. The supreme and county courts, respective
! ly, shall have power to make all necessary rules
for the orderly practice in the several courts; anu
the judges of the supreme court shall make anopt
and publish, and may from tune to Time a'Ier ana
amend rules regulating the admission OF i;tornles
TO the practice of law before the supreme and
county courts which rules shall be uniloym and
! biz ding on the several county courts.
10. The supreme aud county courts, respec-
lively, shell have power in The trial of actions al
law, on motion and due notice thereof being CIV