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


tins s,nte. then such copy shall be delv
cred 10 his tenant, agent or attorney, VI
any be known. aud /! no such agent, tenant
or attorney be known, then a copy Of snch
writ, with the officers return thereon.
LODGED in The office 10 which deed OF such
estate ought by law to be recorded, shall
be deemed sufficient service.
10. Whenever the copy of writ of at
tachment on which real estate is attached.
shall be lodged in the office of any town or
county clerk 1t shall be the duty of such
clerk to enter in book, to be kept for
that purpose, the names of the parties, the
date of the writ, the nature of the action.
the sum demanded, aud the officers return
thereon.
10. Personal property, attached on
mesne process, shall be held to respond
the Judgment rendered on such process
thirty days from the time such judgment
shall be rendered, and unless the plaintiff
shall, within thirty days from the time of
rendering final judgment, take such prop
er,v in execution, the same shall be dis.
charged from such process, and real es-
tate attached on such process shall be
held five calendar months after the rendl-
ton of final Judgment and no longer, unless
such personal property or real estate shall
be- incumbered by a prior attachment, IN
which case such personal property shall
be held thirty doys, and such real estate
five calendar months after such lncum-
brance Is removed.
90. The day on which the plaintiff shall
first by law, without leave Of the court, be
entitled to an execution on any judgment
rendered in his favor, shall be deemed
the lime of rendering such judgment in oil
cases so far as relates to holding property
attached on mesne process aud the chnrg-
ing OF any person as bail for delivering up
the body of the principal.
81. Wri,s of scrc facias and audita
qn,rela, may issue as summons or at
'achmens; all other judIcla wrl's shall
be by summons, and when the party on
whom the service of any judicial writ is to
be made. is not an inhnblant Of this state,
the same shall be served on his known
agent or attorney if any, and for want
thereof, by leaving true and attes'ed
copy Of such writ with the clerk Of the
court to which it is made returnable.
%. When the body Of any defendant
sha II be taken on mesnc process in any
civil action, it shall be the duty of the Off
Ger serving such process to deliver him an
altes,ed copy thereof, if required.
%. When the body of any person shall
be arrested on mesne process. 1t shall be
the duty Of the officer, serving such pro-
cess, TO commit such person to Jail, unless
the person so arrested shall expose personal
property sufficient to secure such officer,
or procure some person TO become surety
to the satisfaction of such officer, by such
| surety endorsing his name or signature on
the back Of such writ as bail thereon.
"a. Whenever any officer or other per.
son authorized by law to serve any writ,
CURED by law to commit any person TO jail,
such commitment shall be made in the
county in which the arrest shall be made,
unless otherwise directed by law.
25 If there shall not be legal Jail in
the county where such arrest shall be
made, such commitment shall be made in
an adjoining county. where there is legal
jail
&c. When any officer, or other person,
shall commit any prisoner to jail, it shall
be The duty Of such officer, or other person,
TO deliver such prisoner to the keeper OF
the Jail within the same, and also deliver
| to such keeper true and attested copy OF
the writ, warrant. execution or other pro.
cess, by virtue of which such commilme ut
is made. with his return thereon.
81. When any person shall endorse his
name or signature a. bail on mesne process,
such person shall be holden to satisfy the
judgment. which shall BE- finally rendered
thereon, in case the plaintiff shall,
First, cause the execution to be put into
the hands of an officer authorized by law
to levy and serve the same. within thirty
days from the time fina judgment shall be
rendered on such process.
Secondly, cause a legal return Of nor
est inven'us to be made on such execution
within sixty days. or within one hundred
and twenty days (lf the execution is mad,
so returnuble,) from the time Of rendering
such final Judgment
90. II The execution is put into the hands
Of such officer, and The return Of non co
Inven'ns be legally made thereon as afore
SAID, the plaintiff may, within one year
and not after, from The time of rendcrln!
the Judgment, being his writ of scire facla
against snch surety, and unless the surety
shall surrender the body of the prncipa
INTO court, or show his death, before judg
ment, on the scre faclas, and pay the cost
upon the scre taclas, the court shall Jun
less just cause be shown to the contrary,
render Judgment against such surety 10
the amount Of the damages aud costs IN th
original action, with the costs on the SER
taclas. If in such case the judgment sha
: have been rendered by justice, and sue
Justice shall have died or be out of Office
he ,clre faclas may be commenced an
tried before some other justice.
!, 90. 1.-THE principal is surrendered int
! court, as provided IN The preceding section
, the court shall direct an officer to recelv