Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1839-12-18

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.aie al me time Of The service Of the writ
Gnu snail moi return within the same. be-
ioie tAe time OF trial, such court shall ION
I1SS Sueh party had notice of The service
" 'he writ twelve days before The s,binr
'-e couit) continue the cause and of.
~ "oIce 10 be given to the absent de-
ieluani' oy publication in some nnbEc
court " such
o.. In al cases against such absent da-
ifndant, when judgment shall ~ randae
ed upon default without proof of personal
notice, execution or writ Of nossess;o,,
sEail not issue until the plaintif, his agent
or attorney, shall have giiyen bond by wav
Of recognizance, with Sufficient surety. TO
De taken oy the clerk of the court in ;ybich
Sueh Judgment shall have been rendered.
ii uouoie tue value of the estate or sum of
money recovered by such judgment 10
pay Shch sum as shall be recovered bv
Such absent defendant bv wri, Of review,
ana the surety aforesaid shall be no fnr.
'her answerable than for the recovery
"nlch snail be had upon such writ.
| %. he defendant, against whom iudg.
meht shall have been rendered bv dsfan1,
without notice as aforesaid. NAV M anv
''Ihe within three years from the time Of
rendering such Judgment, bring his writ
OF review before the same court that rem
ueied such judgment, and upon such writ
oeIh9 returned In court, the original ipdq-
ment shalltevacated, ifitisin no part satisf.
.ed,oriflt was forthe recovery Of real estate
90 IL the original judgment has been
iully satisfied, the same shall be sf7i,med.
81. Ii such Judgment has been in mart
satisfied, the same shall be affirmed far So
much as is satisfied, and reversed far The
balance. '"0
IS. The court shall then proceed to
try and determine the original action in
Inc Same manner as if there had been NO
judgment rendered, and il the ORIGINAL
plaintiff has recovered and collected on
Inc judgment more than was hi, dus
Judgment shall be rendered for the ORC
!nai defendant to recover such sum. win
interest, and his reasonable DAMAGES Win
costs otherwise such Judgment shall ha
rendered as the nature ofthe case shall ra.
quire. ie-
90. The writ Of review shall 10 .,.J
out and served in the same manner as
original writs.
90 Upon every judgment rendered
upon writ of review, the coprt shall
nave power to allow or deduct cost, he.
tween the plities as the equity Of the caea
snail demand, and either party shall been
tItIed 70 review of the same-as If M nra
Vlous Judgment had beea rendered.
ol. In all cases when an action sb,u
be brought on any judgment rendered bv
dShut against such absent defendant
without proof of personal notice i sbaIi
DC awful Tor the defendant to plead or
give IN evidence any matter or thine
which he might have done ia the orininsi
action. - = MAJ
A-ns1HIsCN1IENT OF DEBTORS.
C2. no female shall be arrested or i'm
by virtue Of any mesae nrocess
which snail issue in an action founded IN
contract, nor by virtue Of any exeru,ion
which shall issue on Judgment recover.
ed in any such action.
%. No person, who is resident c;ti.
zen OF this state, shall be arrested or i'm.
prisoned by virtue of any mesne Process
"hich shall issue In an action founded IN
cont act' express or implied. mad. or
entered INTO alter The first day Of Jannarv
III me year one thousand eight hpnd,ed
and thirty nine, nor by virtue an evecn'
Ton Issued on judgment. recovered in :,
action founded on any such contract
crowded, that If the plaintiff, pravin ont
writ On any contract made aicr the frs,
Of January 1889, shall file with the am.
thorIty issuing such writ. an afid,v;,
stating that he has good reason To believ,.
ana docs believe, that the defendant IS
about TO a6scond from the STATE, and has
about his person or elsewhere
money or other property, such writ NAV
issue as an attachment against, and b.
served upon, the body of the defendant
64. When final judgment shall be Zen.
Tered by any court on contract. express Or
implied, the debtor may appear beore
such court during the term at which ~
Judgment IS rendered, or if rendered 81 \
ustice, within two hours afr the rendi.
ION thereof, and submit himself 70 he ex-
lmlned on oath, touching his situation
circumstances and property.
%. If the court, aEer the eyaminatio,
u The dettor, and hearing sech evidence
IS may be produced by the creditor. shall
dJudge that the debtor would be entitled
the benefit Of the poor DEBTORS OATH if
lie was confined in Jail on execution, such
cult shall administer TO the deltor an
ath substantially in form prescribed for
loor debtors in Jail, with such variations
5 the nature Of the case requires. and in
UGH case, no execution against the bojv
f the debtor shall issue on such ipdo.
1ent.
&c. When the debtor shalI appear Be.