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

ognlzance with condition thereto annexed,
contract, charter-parly, or other specially
when the forfeiture, breach or non-per.
formance shall appear by the tralrof IN
issue of fact by the default or confession
of the defendant, or upon demurrer, the
court, before which the action is pending,
may render iud 3ment for the plaintiff to
recover so much as is due according 10
tequity and good conscience, and when
the sum for which judgment ought to be
rendered is uncertain, the same shall, on
the request OF either party, be assessed by
jury.
43 In all actions brought to recover
the penalty or forfeiture annexed 10 any
bond of recognizance, given or taken in
any criminal cause, the court before
which such action is pending may lessen
the sum of any such bond of recogniz-
ance and render such judgment thereon
as the nature and circumstances of case
shall require.
A. In all actions on bond, or for any
penal sum for the non performance of
covenants, or any agreements in any con-
dltlon, lndenture, deed or writing Contain
ed, the plaintiff may assign as many
breaches as he hall choose, and the dam
ages shall be assessed for such breaches
as the plaintiff shall prove, aud the couft
shall render Judgment for the whole pen
atty, and execution shall issue for SO much
only as shall have been found in damages
with costs.
40. 1t in any such action there shall be
IJudgmt Mt for the plaintiff on demurrer.
default, confession or uihli dicit, the plant
III may assign as many breaches as he
snail choose, the truth whereof shall
be found, and the damages assessed ac-
cordlng to iaV, and execution shall issue
Tor such damages only, WITH costs.
46. All. such judgments shall remain
as security to the plaintiff or his repre-
sentatIves for any other breaches which he
shall afterwards prove, and he may from
time 10 time have ID scire flcias on such
Judgment against the defendant or his re,-
resentative, and assign any otner breach
es, aud lherrupon damages shall be as
sessed and execution issue for the same.
with costs.
AZ. IT, in any such action, the Judgment
shall be rendered for the penalty in the
supreme court, the scire facias may BE-
broaght before the county court in the
same county in which the original iudo
ment was rendered.
AZ. When judgment shall have been
rendered against any sheriff or high b,i-
III for any oftltltl misconduct, neglect or
default, aud execution on such judgment
returned satisfied, or the defendant
commit 10 Jail thereon. the cred tor in
such execution may in his own name and
right sue out writ of scire Eicias. on
the recognIzlnce entered into by such
J sheriff or high baiIiff aud his sureties.
i Tor the faithful performance of the duties
OF his office, returnable before the county
court IN the county where such recocniz
ance was ttken.
~. OA the return of such writ of
sciie ftcIas, such court, unless satisfactory
cause be shown to the contrary. shall
render Judgment against such sheriff or
high baIitt aud his suret.ps in favor of
the Creditor, Tor the amount of such exc.
eutIoa, and all charges thereon with legal
interest, and costs.
50. The defendant in such scire facias
may make any defence or take any adj
vahtlge on the scire facias that could have
been made or taken had an action Of debt
been brought on such recognizance.
oil. In all cases when the original
Judgment against The sheriff or high bal.
llf was rendered bv deflnlt, and scire
tacIas shall be brought us above provided,
the snreties may make any defence and
take any advantage on The scirr facias.
which the principal might by law have
made or taken In the original action.
PROCEEDINGS IN ACTIONS ON JOINT
CONTRACTS.
81. When any bond, recocnizlnce. bill
note or other contract shall have been ex-
ecutsd by two or more persons Jointly
and one or more of them shall reside ont
OF this state, an action may be brouo hit
ana sustained thereon, against The nartv
residing in this state.
%. On all joint and several contracts
executed by three or more persons and
any of them reside out of this state an
action may be brought and sustained
against one or more of them, suggesting
IN the writ in all such cases the persons
out OF the slate, as aforesaid.
"a. The recovery of the iunqment
against one or more Of several o6ligors or
promlsors, on joint or joint and several
contract without satisfaction, shall not in
any wise disc barge the obIigors or prom- !
lsors from their liability on such contract.
So. If one of several obigors or prom |
lsors Jointly holden by virtue of any con- |
tract, in writing, shall die, the representa-. |
tves of such deceased person and the sur
wing obEigofs or promisors NAV be
charged, by virtne of such contract IN