Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-13
REFUSED STATUTES.
CHAPTER %.
or The Supreme and County Courts.

]. There shall DE supreme court Wltn-
in and for this s,ule,to he held at the respec'
tive times and places by law appointed for
that purpose, which shall cons list OF one
chief Judge. and four assistant judges, any
three of whom shall be n quorum, to be
appointed IN the manner provided by the
constitution.
9. Whenever on the trial OF any cause
before the supreme court, the judges pres
ent shall be equally divided in opinion, the
Judgment shall be rendered according to
the opinion of the presiding Judge.
g. There shall be in each county,a county
court 10 be held at euch tunes and places as
shall be appointed by law for tina. purpose,
20 consist Of one chief Judge, who shall be
one Of the Judges OF the supreme court.lo be
annually des grated by the judges of the
supreme court for each judicial circuit es
rsb,shcd by law, and two assistant Judges,
20 be appointed for each county ana 10
hold their Offices as provided by The consl'
tuition and lave Of the state, any TWO OF
whom shall DC a quorum
a. There shall be five judicial circuits 10
qhe state, as fol|ows:--
The first shall consist Of tho counsles OF
Bennington and Rutland;
The second Of The counties of WIndha'
Windsor and Orange;
The third, of,he counties Of Addison,
Chi,tenden and Grand lse
The fourth. Of the counties Of Washing.
ton, Caledonia and Essex;
The fifth. of the counties Of Franklin
. Orleans and Lamoie.
5. One Judge Of the supreme or county
~ ohc Df tbo
have power to open and adjourn their res
K pactlve courts until quorum shall convene;
and if no Judge of The court be present, the
sheriff of the county shall have power to
open and adjourn any supreme or county
court. from day to day, until one OF the
judges shall be present.
6. The supreme court shall have exclu
sive iurlsdcl ion Of all such petitions. not
trIabls by jury, as may by law DO brought
before such court, and shall have power to
issue and determine all writs of error, Ger
tiorari. mandamus. prohibition and quo war.
ranto, and all other wrls and processes to
courts ofinferior jurisdIcron,t to corporations
g. individuals, that shall be necessary to The
furtheraDce of justice and The regular exc.
cu,on of The laws, and shall have power to
try and determine all such questions of la "
as shall be removed from The country court
agreeably to the provisions of this chapter,
7. Each county court, within the several
counties. shall have rignal and exclusive
jurisdiction of all original civil actions, ex.
cept such as are made cognisabe by jus.
tice, ard of all such petitions as mny by
law be brought before such court and ap,
pela,c jurisdiction Of oil causes. civil and
criminal, appealuble to such court, ant
may render judgment thereon according to
law.
8. Each county court shall have orig ina
jurisdiction of all prosecutions for crimIna
offences within the several counties. excep
such as are by law made cognizable by ,
Justice. and may award such sentence as /,
law and justice apper aims.
9. In all civil causes tried before tn,
county court, either party may once ant
no more review his cause TO the next tern
Of such court; but no review shal De lowe,
10 either of the following cases:
|. When the Judgment is rendered upol
nonsuit or default.
2. When judgment shall have been rem
dered in any cause twice for the same part
3. When either party shall have wavie
4. In any suit brought against sheriff
high bailffor constable for not executin
or duly returning a wri: of execution TO hll
delivered to serve. whan receip pit Wa
given by. or demanded of such officer at tn
time OF the delivery thereof,
S. In any suit brought by sheriff, big
bailltf or constable on any receipt or wfItln
obligatory, executed for goods or cha,te
seized or taken by virtue of any writ {
execution or attachment, in which receiI
or writing the party executing he sam
promised to re'delivcr such goods or cha
tells.
G. 10 any suit brought by a sheriff G
high bal'ff against his deputy,or suretics
any bond executed to indemnify such sherl
or high ballff against any act, neg ect
default Of his deputy.
7. 10 any suit brought against a sheri
or high bailff or the suretles on any r.
coenzance entered into by such shcrli
high bnlhff or sureties. for the faithful pc
Torrance of the Office and duty Of sue
sheriff high balllf.
8. In any suit which came to said cou
by appeal, except when q review IS above
by law.
10 No party shall be allowed to revie
his cause until he shall have given snflice
security to the adverse party, by way
recognlzance. ~ such sum as the court sha
direct, conditioned that he prosecute his r
view to effect, and answer and pay all il
tervenlng damages occasloned to the a.
verse party by delay, with additional cos
in cuse the judgment be affirmed,
l. When party having appealed fro
the judgment of justice shall neglect
enter his appeal in the county court at Il
term ofsrch court next after such judgme
such county court on the COMPLAINT
writing OF The adverse party. and the pr
duction Of a certified copy of such iu
tise's judgment and appeal. shall offir
such Judgment, adding to the damage
interest at the rate of l2 per cent. per a