Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1839-12-25

ing judges so designated shall have pow
err to try and determine any such cause,
or hold the court for such term; but
when there are only three judges present
at any term of the supreme court. no
cause shall be determined by such court,
unless all the judges concur In the decis-
ion.
%. One Judge of the county court may
try and determine any cause pending in
such court, when the other judges present
are legally disqualified to act on the trial
of such cause.
20. In case any judge of the supreme
court shall be unable TO attend any term
Of the county court in his judicial circuit,
by reason Of sickness, absence or other
cause, or by reason of interest, or other
wise, is disqualified to act in toe trial of
any cause pending in such court, any 9TH
er Judge OF the supreme court may pre-
side in such county court during such
term, or on the trial of any such cause.
30. The supreme or county court shall
| have power to appoint commissioners 20
take and report TO the court the accounts
of any executor, administrator or guardi-
an in case appealed from the decision of
a probate court; and any commissioner.
so appointed, may administer all necessa.
ry oaths on the examination of such ac-
counts, and such report shall be subiec,
| to the opinion OF the court, upon the facts
! therein exhibited
81. All writs, processes, declarations,
indictments, pleas, answers, and entries in
the several courts Of justice in this state
shall be in the English language, except
technlca terms.
81. When judgment shall be rendered
by default or on demurrer in any court,
the judges of the court shall have full
power, by themselves, by the Jury in
court, the report Of the clerk, or tae re-
port, on oath, of any person appointed as
an inquest by the court, to ascertain the
sum due.
SO. 1t any person shall cause process
to be served on another for any matter or
| cause, and discontinue his SUIT, or be non.
sun therein, or when such suit shall be
abated or dismissed for want of iurisdir-
ton, the court to which such process is
made rtturnable shall give judgment for
Inc defendant TO recover reasonable costs.
| 81 When the defendant in any suit be-
ing dul Y served with process, and return
thereof being duly made, shall not annear
In person or by attorney, his default shall
be recorded and judgment rendered against
| hIm thereon, unless on or before the third
day OF the term he shall come into court
and move for trial, in which case he
shall be admitted thereto, upon pavino 10
the adverse party legal costs
35. The defendant in any action NAV
p!eaad the general issue, s. upon the trial
OF the cause on such general plea NAV
give any special matter in evidence ia his
defence or Justification, according to the
nature OF the action, he giving notice in
writing, with the plea of the special mat
ter on which he shall rely in such defence
or JustIhcallon, and no special matter shall
De allowed In evidence, except such as
shall be particularly mentioned in such
notice, in writing.
80. All issues of law, and all questions
OF law arising upon the trial of anv issue
OF TACT, by the court or jury, and placed
upon the record by the agreement of the
parties. or the allowance and order of anv
two OF the judges that attend the trial de-
termlned by any county court, may pass
to the supreme court for faal decision
out exec utlon shall not of course be STAY
ed thereby, but may be stayed by order of
the court on 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 on the tlill Of any 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; and if they are not filed
within that time, it shall be the duty of
the clerk TO erase any entry of exceptions
which may be made on the docket and is
sue execution on the judgment; and the
time such entry Is erased f.om the docket
shall be deemed the day on which the
plaintiff is first entitled to execution on
the judgment.
80. When execution shall be STAYED as
aforesaid, and the judgment of the conntv
court shall be affirmed by the sunrena
court, such court shall render Judgment
for the amount for which Judgment was
rendered by the county court, addino
thereto interest upon.the debt or damag.
IS during such stay of execution, with ad.
80 Whenever a jury trial shall be.
g necessary IN any cause pending In
Inc supreme court, the original files and
papers shall be removed IL the conat,.
court Tor such trial, accompanied with
certificate Of the order of the sunrema
court, and if such course was orioinaIlv
commenced In the county court, such
court may proceed to try and render
judgment IN the same; but if the county