Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-06

). Original wits sna De s'gheu ny !
Judge or clerk of the court to which they |
ore returnoble, or by judge of The supreme
court, or justice of the county in winch
they are returnable.
d. All judicial wri,s shall be signed BY
Judge or The clerk Of the court to which
they are returnable.
5. No writ OF summons or attachment
requiring any person to appear ana answer
before any court in this state, shall be
issued unless there be sufficient security
giyen to the defendant by way OF recogni.
zance by some person other than the PLAIN
tiff to the satisfaction OF the authority
signing such writ that the plaintiff shall
prosecute his writ to effect and shall an
swer al, damages, II judgment be rendered
apsjpst him, O minute of which recognl-
zance with the name of,he surety and the
sum in which he Is bound shall be made
upon the writ at the time of signing by
such authority. & lfnny writ shall be other.
wise issued. the same, on motion, shall
abate.
6, All writs and processes signed by
proper authority, as well oflginai as Juu'
cial, shall run into any county or place IN
this state, and NAV be there served and ex
ecuted by any officer authorised ny law to
serve the same, and shall be directed to
anv sheriff or cons,ub in this state.
T. II it shall appear to the authority
eipnng any writ process, that no such
officer can seasonaby be had to serve the
same. the writ or process may be directed
to. and served by, an Indifferent person,
being named.
8. When any writ or process shall be
served BY such Indifferent person the ser
vice shall be verified by the oath of such
person, certificate Of which oath shall be
endorsed on the process by the authority
administering the same.
9, Every original writ, re'urDable TO the
county court, shall mention the court, time
and place of appearance, and contain
declaration setting forth the cause Of
action in due form of law and no civil pro-
cess shall be made returnable 10 any cd
iourned term of such ceuri.
10. Every writ aud process, returnable
before the supreme or county court, shall
be served at least twelve days before the
session Of the court to which it is relurna
BILE including the day Of service and everv
writ issued against any sheriff, high balllff,
or constable, for any default, neglect or
misconduct in their respective offices, shall
be served at least eighteen days before the
session Of the court TO which it ia made
returnable and it issued against any town,
county, school district or a corporation, il
shall be served a, least thirty days before
the session of the court 10 which 1t is made
returnable,
II. Every action or suit. before the
supreme or county court, shall be brought
tried and determined in the county in which
one of the parties resides, If either resides
in this state, otherwise the wit on motion
shall abate if neither party resides in this
state the suit may be brought 10 any coun
~ in the state, but all actions of elecment
and for trespasses COMMITTED on the free.
hold, shall be brought, heard and tried in
the county IN which the lands lie,
Service of .Nesne Process.
IL, Wris of summons shall be served on
the defendant by delivering him true aud
attested copy of the writ with the officers
return thereon or leaving such copy al the
house OF his usual abode, with some person
ofsuficient discretion then resident therein,
but if there be no person with whom the
Officer can leave such copy, he shall then
lodge The same at the house Of the then
usual abode of The defendant in such sltua
ton as the defendant will most probably
receive it, and the manner of such service
shall be particularly expressed in the
return made by such officer.
49, When the goods or chattels OF any
person shall be attached at the suit OF
another a copy of the attachment and list
OF the articles attached, aites'ed by the
officer serving The same shall be delivered
to the party whose goods or chatiels are
so attached or left at :he house Of his then
usual abode al is directed in The service OF
summons, and if The person whose goods OF
chattes are attached, be not an inhabtan'
of this state then such copy shall be lett
with his agent or attorney II any be known
and for want thereof. at the place where
such goods or chattes were attached, ant
the delivery of such copy shall be certified
by a sworn officer who served the attach.
ment, or by the affidavit of some dislnler'
ested person who delivered the same.
IA. When any writ or other process:
shall issue against any corpoation and i
shall be necessary, by provision of law; I,
leave a copy OF such writ or other process
with such corporation. such copy shall b'
left with The clerk thereof, or IN his alb
sence with one Of the principal officer
thereof or in absence of all such officers
with one of the stockh ldcrs thereof.
Is, When hay in the straw, saw logs
square timber, coal charcoal, ashes, brcI
machinery used in any shop. mill or fucto
", has in the process Of tanning, cord
wood stone, ore, lime, bark,shlng les, boards
hives of bees, hay scales. or potatoes sha
be taken by virtue of any writ of a,taci
ment or execution the officer serving sue
process shall lodge copy ofthe same, wit
his return IN the town clerks office in tn
town where such property is taken whlc
shall be as effectual to hold such proper