Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-09
VOL. sa, NO 1s-wHOLE NO. 1929.

determined by any county court, may pass to the
supreme court for a final decision; but execution
shnll not OF course he stayed thereby, but may be
stayed by order OF the court consideration OF
the difficulty and importance of the question.
81. Exceptions to the opinion of the county
court on any question of law which may arise
the trial ofany civil cause, shall be signed by the
presiding Judge and filed with the clerk Of such
court within thirty days after the rising Of the
court aud if they not filed within that time,
it shall be the duty of the clerk to any entry
of exceptions which may be made on the docket,
and issue execution the judgment and the
time such entry is erased from the docket shall he
deemed the day on which the plaintiff is first en-
titled to execution on the Judgment.
80. When execution shall be stayed as aiore-
said, and the judgment of the county court shall
be affirmed by lhe supreme court, such count
shall render judgment for the amount for which
judgment rendered by the county court, adj.
ding thereto interest upon the debt or damages
during such stay Of execution, with additional
costs.
80 Whenever Jury trial shall become neces-
snry in any pending in the supreme court,
the original files and papers shan be removed 10
the county court for such Il ln accompanied Wllna
certificate of the order of the supr i,c court a. II
such coarse was originally commenced IN tire
county court, such court may proceed otry ana
render Judgment in the same; but II the county
court has not jurisdiction to render Judgment upon
the verdict in such cause the verdict snail De GER
tilted TO the supreme court next thereafter held IN
the same county, which court shall renuef JuoS-
ment thereon according to law.
40. When the Judgment of any county court
upon n question Of law is TO be revised by Inc SUI
preme court, all the original files ana papers shah
I've removed to the supreme court, and the SUI
t premc court shall render such judgment thereon
as ought TO be rendered
Al. Any party who shall carry cause from
the county court TO the supreme court. for the
trial of any question of law therein, shall not af-
forwards be permitted to review such N c nE
PROCEEDINGSl IN ACTIONS ON PENAL
e BONDS.
A. In all actions brought to recover the forfeit
ure ann xed 10 any articles of agreement, covenant,
Il bond, bond ofrecognizance with condition thereto
annexed, contract, chorterparty, or other specials
~ when the forfeiture, breach or non-perOr-
nance shall appear by the trial of an issue Of fact
10 by the default or confession of the defendant, or
upon demurrer, the court, before which the action
v is pending, may render jud lment for the plain
II tiff 20 recover much as is due according 10
'g equity aud good conscience, and when the sum
for which Judgment ought to be rendered is uncer-
e. tain the SHALL on the request Of either party,
OF be assessedby jury.
To AZ In all actions brought to recover the penal
all y or forfeiture annexed TO any bond of recogni-
OF zanre, given taken in any Grim nal cause the
nd coun before which such action is pending may
ss lessen The sum of any such bond of recognzance
and render such judgement thereon us the nature
W and circumstances of case shall require.
IT. 4I.;ln al! actions on bond, for any penal sum
all for the non performance of covenants, o. any
er agreements in any condition, indenture, deed
e. writing contained the plaintiff may assign many
Oh breaches he shall choose, and the damages shall
be assessed for such breaches as the plaintiff shall
~ prove, and the court shn render Judgment iorthe
II, whole penalty, and execution shall issue for
ne much only as shall have been found in damages,
h with costs.
Nj As. lfin any such action there shall be judg
men for The plaintiff on demurrer, default. con-
y, fession nihil dict, the plaintiff may assign as
IS. many breaches he shall choose, the truth
81 whereof shall be found, and the damages assess
rt ed according to law, and execution shall issue for
III such damages only, with COSTS
IL As. All such judgments shall remain as a
or ry TO the plaintiff or his reprcsen aves Tor any
ee other breaches which he shall afterwards prove
ed and he may from time to time have a scire tacias
ny on such Judgment against the defendant or bis
Representative, and assign any other breaches, aud
H. thereupOn damages shall be assessed aud execu
as ton issue for the same, with costs.
ne AZ. If, in any such action, the judgment shall
he be rendered for the penalty in the supreme court,
n the scire lacau may be brought before the county
nd court in the same county in which the original
TO judgment was rendered.
of AZ. When Judgment shall have been rendered
against any sheriff or high bailff for any official
z misconduct, neglect or default, and execution on
le such Judgment returned unsatsfied the defen-
all dant committed to jail thereon the creditor in
n such execution may IN his own name and right
Dg out writ of scire facias, the recognZance
nd entered into by such sheriff or high bailtf and his
Tor sureties, for the faithful performance OF the du
g lies of his Office returnable before the county
no court in the county where such recognizance was
ess taken.
40. On the return of such writ of scire facias,
nd such court unless satisfactory cause be shown TO
en- the contrary, shall render judgment against such
TO sheriff high bailiff and his surees in favor of
the creditor, for the amount of such execution,
all and all charges thereon with legal interest," and
Irt costs.
d. so The defendant in such scire facias may
or make any defence take any advantage en- tho
ny scire facias that could have been made or taken
of had action of debt been brought such recog
ny nZanee.
ch 81 In all cases when the original Judgment
against the sheriff or high bailifF was rendered by
We default, and scre iacas shall be brought above
re- provided, the sureties may make any defence and
ID lnke any advantage the scire facias, which the
IN principal might by law have made or taken in the
is original action.
ny PROCEEDINGS IN ACTIONS ON JOINT
nd CONTRACTS.
he So When any bond, recognizance, bill, note or
other contract shall have been executed by two or
IS more persons Jointly, and or more of them
rts shall reside ont of this state, oction may be
N, brought and sustained thereon, against the party
residing in This state.
le SO. On all Joint and several contracts executed
OF by three more persons and any OF them reside
by out of this state, action may be brought and
re- sustained against more of them, suggesting
in in the writ in all such cases the persons out OF the
state as aforesaid.
~ 81 The recovery of the judgment against one
m. or more of several obllgors or promisors, on a
CHI Joint or Joint and several contract without satisac
"a ton shall not in any wise discharge the other
lie obigors or pronsors from their liability on such
mt contract
So If one NJ several obgors or promi sors joint
y y holden 10y virtue of any contract, in writing,