Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1839-12-09


lhe duty of such officer. ct other person, 80
deliver such prisoner 10 the keeper % the
lall within the same, and also deliver 90 such
keeper true and aiested copy ofihe writ,
warrant execution or other process. by ,ir-
Tue OF which such commiimcn, Is made, with
his return thereon.
~ When any person shall endorse his
name or signature as bail on mcsnc process.
such person shall bc holden to satisfy tic
judgment, which shall be finally rendered
thereon ia case the plaintiff SHALL
fua, cause the execution 20 bc put into
the hands OF an officer authorized bv law TO
levy and serve the same. within thirty DAYS
from the time final Judgment shall be rem
dered on such process,
Secondly, cause a legal return of non est
Inventus to be made on such execution.
within sixty days. or within ono hundred and
twenty days (if the execution is made so re.
turnable,) from the time of rendering such
final Judgment.
%. If the execution is put into the hands
oil such officer, and the return OF non cs, in
ventus he legal made thereon as aforesaid,
the plaintiff may. within one year, aud not
alter, from the time of rendering the iudg.
mcnt, bring his writ of scirc iacas against
such surety, and unless the surety shall sur
render the body of the principal into court,
TO show his death, before judgment, on the
scire iaclas, and pay the costs uped Iie
sclre facias the court shall unless Just cause
be shown to the contrary,) render ludg-
ment against such surety for the amount of
the damages and costs in the original action,
with the costs on the scire facias. Hin such
case the judgment shall have been render
ed by justice. and such justice shall have
died or be out of office, the scire iacias may
be commenced and tried before some 9th
er justice.
20. If the principal is surrendered into
court, rs provided in the preceding section.
The court shall direct an officer TO receive
the principal into custody and detain him
for such time as the court shall direct, not
exceeding twenty days, that his body may
be taken in execution.
80. The surety on mesne process may de-
liver the principal into court, before or dur
ing the term at which final Judgment shall
be rendered on such process. in discharge
Of himself.
81. When any principal shall be so de-
llvered into court by the surety, the court
shall, unless such principle procure sufficient
surety for his appearance, ordct him to be
committed to Jail, and such commitment
shall be deemed commitment on the o.
rglnal writ
-. The officer, serving a writ of attach
ment and taking surety as is herein before
provided, shall be answcrabe to the plain
tiff for all damages occasioned by the insult
e.. & L., l,r,n
trial make it appear that, at the time of Ia
king such surety, the same was amply sul
fcent; and no suit shall be prosecuted "a
ganst any officer or other person taking
bail as aforesaid, when the bail shall be SUI
fcient ~
33. When any surety shall have endorsed
a writ of attachment as bail, the officer SER
wing such writ shall deliver to such surety
a bail piece in the form prescribed by law,
and when the surety shall have occasion 10
take the body of the principal, to surrender
him IN court IN discharge of his bail, either
on the original process or upon scire facas,
or 10 secure him until the session of the
court in which he may be surrendered as a
foresald, such bail piece shall be sufficient
evidence TO ent.tle such surety TO a warrant
from any lusllrI ~ NdhN tliN VI
principal.
81 And such Justice on application for
that purpose shall issue "A warrant in due
form of law, directed to any sheriff or con
stable in this state, commanding him TO as
sst such surety in experimenting the body Of
such principal. and it shall be the duty Of
the officer, experimenting such principal 10
commit him to jail either IA the county IN
which he was arrested on the original pro-
cess, or in which such process Is pending,
agreeably to the direction in the warrant.
IS. II shall be lawful at oil times for such
surety to commit the principal 10 Jail, so
that he NAV be delivered ia court IN dis
charge his bail.
SO. When such principal shall be com
miitcd to Jail on any warrant ISSUED as a
I foresaid he shall be considered as commit
( ted on the original writ Of attachment, #
the same shall be then pending
( 81. II, on return Of the scire facias issued
against any surety as aforesaid, the surety
| shall show to the court, that al the time OF
making the return Of non est inyenius on
the execution, the principal had become IN