Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1839-12-25
per annum from the time Of rendering the
with additional costs.


all necessary rules for the orderly prac-
tice in the several courts and the judges
of the supreme court shall make, adopt
and publish, and may from time to time
alter and amend rules regulating the ad-
mission of attornies to the practice of law
before the supreme and county courts,
which rules shall! be uniform and binding
on the several county courts.
Is. The supreme and county courts,
respectively shall have power in the trial
Of actions at law, on motion ard due no.
tice thereof being given, 10 require the
parties to produce books or writings in
their possession or power, which contain
evidence pertinent to the issue or relative
to The action, in cases and under circum-
stances where they might be compelled to
produce the same by the ordinary rules
and proceedings in chancery and if the
party fail TO comply with such order, the
court may render judgment against such
party by nonsuit, or default, as the case
may be.
IA. If pending any suit, it shall appear
to the court that the surety or the sum of
any recognizance for the prosecution of
the suit, or any appeal or review, or the
bail taken by the officer on the suit, is in
sufficient to secure the party for whose
benefit the same was taken, such court
may in its discretion order bail to be nut
in. sufficient for the purpose aforesaid, by
such time as the court shall direct, or that
judgment be rendered against the party
neglecting to comply with such order.
Is. No writ, declaration, return, pro-
cess, judgment or other proceeding in civ
il causes in any of the courts in this stlte,
shall be abated. arrested, quashed, or re-
! versed for any defect or want of form -
but The said courts. respectively, shall pro-
coed aRi give judgment according to the
right of the case and matters in law,
without regarding any imperfections, de-
fects or want of form, in such writ, decla-
ration or other pleading, return, process,
Judgment or course of proceeding, except
those only in case of demurrer, which the
party demurring shall specially Set down
and express, together with his demurrer
as the cause thereof.
10. Any court may, from time to time.
amend all and every such imperfecton,
defects and want of form, other than those
only which the party demurring shall 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 pre-
scribe.
IL. The judges Of the county court be-
fore which any cause shall be tried, may,
IT they Judge that the jury have mistaken
the law or evidence material TO the issue.
or have not paid proper attention thereto,
cause them to return to a second and third
consideration of the case, and if the Jury
DO not alter or retract their verdict. the
same shall be received.
Is. When the court have committed
any cause TO the consideration Of the u-
ry, 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 discharg-
ed from giving verdict, by order of the
court.
l9. The jury empanneled for the trial
o. any civil cause may find special YER
diet agreeably to the usages of law.
20. The several county courts shall
have power to try any issue of fact sub
mitted TO the court by agreement of the
parties, in any suit pending in such court.
Fl. The supreme and county courts re-
spectveI v. may, by agreement of the par
ties and rule of court, refer any cause !
pending in such court. to the determine
ton of such number of men as shall be
agreed upon by the parties, and the re-
port of such referees being returned shall
be allowed and accepted by the court
granting the rule, unless sufficient cal
be shown to the contrary.
%. Ii report of referees shall not be
allowed and accepted, or no report be
made. the parties may again refer the
cause, or the same shall be open for trial
in court, as though it had never been re-
ferred, and the party who shall finally re-
cover In such cause shall be allowed in |
his bill OF costs the cost of the former ref |
erence.
%. The judges of the supreme and
county courts, when the state of business
shall require it, may adjourn their respect
i've courts within the county in which
they are usually held to such day previ.
Gus to the next stated term as they shall |
think proper.
"a. The chief judge of any county
court may, in his discretion, at any time
order special session of such court for
the trial of criminal causes.
%. No Judge of the supreme or coun-
tycourt shall sit in the trial of any cause
in which be shall have been retained or
acled as attorney or counsel, or is interest |
ed IN the event of such cause. or is relat-
ed to either party within the fourth degree
OF consanguinity or affinity. nor shall be
permitted to appear as an attorney or be
OF counsel in any cause in which he shall |
ha va o,.ta1 -