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

fixing the times of holding county courts,
the following omission occurred-it hav-
ing arisen from engrossing, as appears on
reference to the original chapter, as pass
ed BY the Legislature:
After the paragraph assigning the times
for holding Addison county ourt,-read,
Al Chelsea, on the third Tuesday of
June and December :
20 Printers of the laws will make the
necessary correction.
REVISED STATUTES.
HAPTHR xxvIII.
PROCESS.
/. The ordinary mode of process in civ
il causes, in the several courts in this
STATE, shall be by writ of summons or at
tachment, and substantially according to
the form prescribed by law.
2 WrIs ofatlachment may issue painst
the goods, chattels or estate of the defend.
ont, and for want thereof against his BODY.
3. Original writs shall be signed bv
Judge or clerk of the court to which thew
are returnable, or by Judge of the su
preme couri, or justice of the county in
lucy are
4. Al. judicial wrils shall be signed by
judge or the clerk of the court to which
they are returnable.
5. No writ OF summons or attachment.
requiring any person to appear and an
swer before any court in this state, shall
be issued unless there be sufficient securi.
~ given to the defendant BY way of rec
ognlzance, by some. person other than the
plaintiff, to the satisfaction of the aulhori-
ty signing such writ, that the plaintiff
shall! prosecute his writ TO effect, and shall
answer al damages, il judgment be rem
dered against him, minute OF which re-
cognizlnce wi h the name Of the surety
aud the sum in which he is bound. shall
De made upon the writ dl the time of sign
Ing the same, and signed by such author.
lty, and il any writ shall otherwise be is
sued, the same, on motion, shall abae,
3. All wrlls and processes signed by
proper authority, as we'll original as iu-
dIclal shall run into any county or place
In this state, and may be there served and
executed by any officer authorised bv law
TO serve the same. and shall be directed 10
any sheriff or constable in this state.
z. II II shall appear to the authority
signing any writ or process, that no such
officer can seasonably be had TO serve the
same, The writ or process may be directed
to- and served by, an indifferent person.
being named.
O. when any writ or process shall be
served by sach Indifferent person. the ser.
wee shall De verified by the oath of such
person, certificate Of which oath shall be-
endorsed on the process by the authority
administering the same
.. Every original writ returnable to
the county court, shall mention the court.
time and place of appearance, and contain
declaration, setting forth the cause OF
acton IN due form of law, and no civil
process shall be made returnable to anv
adjourned term of such court.
~ Every writ aud process, returnable
before the supreme or county conrt shall
De served at least twelve days before the
session OF the court to which it is returna.
ole' including the day of service and ev.
cry writ issued against any sheriff, high
oalllil' or constable, for any default, NEG.
lect or misconduct in their respective off.
ces, shall be served at least eighteen DAYS
before the session of the court to which i
Is made returnable; and if issued aoains
any town. county, school district or cor
poraVon, 1t shall be served a, least ,hir,,
DAYS before the session of the conrt =
which II is made returnable.
IL Every action or suit, before tho g,
preme or county court shall be bropob,
tired and determined in the county, !,
which one OF the parties lesides. if e;,ha
resides N this state, otherwise the wr;, :,
motion shall abale if neither partv ra
sides in this state the suit may be brouo
in any county in the state, but all ac,;en
Of ejectment and for trespasses comm;,,a
on the freehold, shall be brought, hear
and tried in the county in which the land
lie. N''''
SERVICE OF MEsNE PROCESS.
u. Wrils Of summons shall he serve
on the defendant by delivering him a tru
snu aues'ed copy OF the writ, with the O
return thereon, or leaving suc
copy al the house of his usual abode viii
some person OF sufficient discre,ion tba,
resident therein, but if there be NO 60,
person, with whom the officer cso 80 Sue'
such copy, he shall then LODGE the GO -" '
the house of the then usual ahod~ ur.
defendant, In such situation as the dstonI
ant Will most probably receive i, and -
manner of such service shall h, nar,; ="
larry expressed in the return mada !.
such officer, -0 .!
To- "nen the goods or chattels ofa,,