Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1839-12-09
Revised Statutes.
CHAPTER AXVllI. 81
pRgsT ESN

shall be 10y VIII oil summons or attachment.
and substantially according 10 the form pre-
scfibcd by law.
?. Wuts OF attachment may issue against
the goods, cLaitels or estate of the defend
ant, and for want thereof against his body.
g. Original wrlIs shall be signed by n
Judge or clerk OF the court To which they
arc returnable, OF by Judge ofthc supreme
court, or Justice Of the county in which
they arc returnablc.
4. All Judicial writs shall be signed by a
Judge OF clerk of the court 10 which they
arc rcturnable.
D. No writ OF summons or attachment
requiring any person 10 appear and answer
before any court in this state, shall be is
sued unless there be sufficient security Civ
en- TO the defendant by way ofrccognizance
by some person other than the plaintiff, TO
the satisfaction of the authority signing
such writ, that the plaintiff shall prosecute
his writ TO effect, and shall answer all dam
ages, If Judgment be rendered against him,
a minute of which recognizance with the
name OF the surety and the sum in which he
is bound, shall be made upon the wrtat the
time hf signing the same and signed by
such Authority and if any writ shall be OH
crwise issued, the same, on motion, shall a.
bate.
6. All writs and processes signed by prop
or authority, as well original as judicial,
shall run into any county or place in this
state, ana may be there served and executed
by any officer authorized by law to serve
the same, and shall be directed to any sher-
iff or constable in this state.
Z. Ifit shall appear TO the authority sign
al sG...
can seasonably be had TO serve the same
the writ or process may be directed to, and
servcdby, an indifferent person, being nam
ed.
6. When any writ or process shall be
served by such Indifferent person, the ser
vice shall be verified by the oath of such
person, n certificate of which oath shall be
endorsed on the process by the authority
administering the same.
9. Every original writ returnable to the
county court shall mention the court, time
and place of appearance, and contain a
declaration, setting forth the cause ofaction
in due form ofaw, and no civil process shall
be made returnabe to any adjourned term
of such court.
10. Every writ and process, returnablc
before the supreme or county court, shall
be served at least twelve DAYS before the
session of the court to which II is rcturna-
BILE, including the day of service /; and every
writ issued against any sheriff, high bailif,
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 II is made res
turnable and If issued against any town,
county, school district or corporation, II
shall be served at least thirty days before
the session of the court 10 which II is made
returnable.
II. Every action or suit, before the SUI
preme or county court, shall be brought,
tried and determined in the county IN winch
one of the parties resides, If either resides
an this state, otherwise the writ on motion
shall abatc neither party resides IN this
state the suit may be brought in any county
in the state, but all actions ofcjectment and
for ifespasscs committed on the freehold
shall be brought, heard aud tried in the
county in which the lands lie.
SERVICE OF THE MESNE PROCESS
II. Wrts Of summons shall be served OF
the defendant 10y delivering him true anc
n,tested copy of the writ with the officer
return thereon, or leaving such copy al ih'
house af his usual abode, with some person
Of sufficient discretion then resident there
in, but if there be no such person, will
whom the officer can leave such copy, he
shall then lodge the same al the house o
the then usual abode Of the defendant, II
such situation as the defendant will mos
probably receive ii, and the manner OF sucl
service shall be particularly expressed II
A.. I.u ,rh
-. When the goods or chaitels of an
person shall be attached AT the suit Of anoth
or, a copy Of the attachment and list OF Ia
articles attached, attesled by the officer ser
wing the same, shall be delivered TO the par
~ whose goods or oha,tels arc so attached
or left at The house of his then usual abode
as is directed in the service Of summons
and Il the person whose goods or chattel
are attached be not an inhabitant of th
state, then such copy shall be left with hi
agent OF attorney. il any be known, and e
want thereof, at the place where such good
~ rhastlac xyere uttarhal aud the deliver