Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1839-12-11

snail Commit any prisoner to Jail, it shall |
De the duty of such officer, or other per-
son, to deliver such prisoner to the keeper
OF the jail within the same, and also de- |
liver to such keeper true and attested
copy OF the writ, warrant, execution or
other process, by virtue of which such |
commitment is made, with his return
thereon.
a. When any person shall endorse
his name or signature as bail on mesne
process, such person shall be holden to
satisfy the jud gment, which shall be final
ly rendered thereon, in case the plaintiff
shall,
First, cause the execution to be put in
to the hands of an officer authorized bv
law to levy and serve the same, within
thirty days from the time final Judgment
shall be rendered on such process,
Secondly, cause legal return of non
est inventus 10 be made on such execu-
lion, within sixty days. or within one
hundred and twenty days Gf the execution
is made so returnable,) from the time Of
rendering such final judgment.
%. If the execution IS pu! into the
hands of such officer, and the return of
non est inventus be legally made thereon
as aforesaid, the plaintiff nav, within one
year, AID not after, from the time of rem
dering the Judgment, bring his writ of
sclre tacIas against such surety, and un-
less the surety shall surrender the body
Of the princip pal into court. or show his
death. before judgment. on the scire facias.
and pay the costs upon the scire facias
the court shall (unless INST cause be shown
to the contrary render judgment against
such surety for the amount of the damages
and costs IN the original action. with the
| costs on the scire facias. IT in such case
the Judgment shall have been rendered by
justice, and such justice shall have died
or be out of Office, the scre facias may be
commenced and tried before some other
justice.
20. If the principal is surrendered into
court, as provided in the preceding Sec
ton, the court shall direct an officer to re-
ceive the principal into custody and detain
him for such time as the court shall direct,
not exceeding twenty days, that his body
| may Do taken IN execution.
80 The surety on mesne process NAV
deliver the principal into court, before OF
during the term at which final Judgment
shall be rendered on such process, in dis.
charge of himself
81. When any principal shall be so de-
llvered into court by the surety, the conr,
shall, unless such principal procure suffi
Client surety for his appearance, order hln
10 be committed 10 Jail, and such commit
inent shall be deemed a commitment OF
the original writ.
80. The officer, serving writ of at
tachne and taking surety as is herein
before provided, shall be answe able te
the plaintiff for all damages occasionee
by the insuficiency of such surety, unles:
ne shall on tllaI make it appear that, "a
The time OF taking such surety, he samt
was amply sufficient; and no suit shall
be prosecuted against any officer or olhe
person taking bail as aforesaid, when tht
bail shall be sufficient.
80. When any surety shall have en-
0orsed writ of attachment as hail, the of
hcer serving such writ shall deliver tt
such surety bail piece in the form pre-
: scrlbed by law, and when the surety shall
have occasion to take the body of the
principal, to surrender him in court If
discharge Of his bail, either on the orig
NAL process or upon scire facias or to Sc
cure HIM until the session of the court ir
which he may be surrendered as afOre,
said. such bail piece shall be sufficient ev
ldence to entItIe such surety to a Warrant
from any justice to take The body of the
principal.
"a And such justice, on application
for that purpose, shall issue a warrant in
due form of law, directed to any sheriff
r or constable in this state, commanding
him to assist such surety in experimenting
the body of such princi pal, and it shall be
the duty OF the officer, experimenting such
principal. to commit him 20 Jail either If
the county in which he was arrested or
the original process, or in which such
process is pending, agreeabIy to the di.
rection in the warrant.
80. 1t shall be lawful at all times 70,
such surety to commit the principal tc
jan, SO that he may be delivered in cour
, in discharge Of his ball.
36. When such principal shall be com
mltted TO Jail on any warrant issued as
aforesaid, he shall be considered as com
mnted on the original writ of attachment
II the same shall be then pending.
81. If, on the return of the scire facias
issued against any surety as aforesaid, the
surety shall show to the court, that at the
time OF making the return of non est in.
ventus on the execution, the principal haf
become Insane, or was actually confined
IN any state prison for criminal offence
1t shall be sufficient cause why iudomen,