Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-06
n wtt of attachment az bail, the officer

a writ Of attachment az bail, the officer
serving such writ shall deliver to such
surety a bail piece in the form prescribed
by law, and when the surety shall have oc.
caslon to take the body Of the principal, TO
surrender him 10 court in discharge of his
boil, either on the original process or upon
scire facias, or TO secure him until the ses.
sion of the court in which he may be sur.
rendered as aforesaid, such bail piece shall
be suffic,en, evidence to en'llle such surety
to n warrant from any justice to take the
body Of The principal.
"a. And such Justice. on application Tor
that purpose, shall issue warrant IN due
form Of law. directed to any sheriff or con.
stable in this state, commanding him to
assist such surety in experimenting the body
of such principal. and 1t shall be the duty
of the officer. apprehendng such principal
to commit him to jail either in the county
IN which he was arrested on the original
process, or in which such process Is pend.
ing, agreeaby 10 the direction in The war.
rant.
35. II shall oe lawful al all times for such
surety to commit the principal to jail, so
that he may be delivered in court ~ dis
charge of his bail.
So. When such principal shall be com.
mtred TO jail on any warrant issued as
aforesaid, he shall be considered as com.
mitled on the original writ Of attachment
if the same shall be then pending.
81. IT, on the return OF The sclre faclas
issued against any surety as aforesaid, the
surety shall show to the court, that at the
| time Of max ing the return ofnon est in
ven,us on the execution, the principal had
become insane, or was actually confined
in any state prison for criminal offence,
1t shall be sufficient cause why judgment
should not be rendered against ouch sure.
".
38. IF any writ Of scre facias, issued
| aforesaid, shall be abated, or judgment
shall be rendered thereon in favor OF the
defendant on demurrer, the plaintiff may
sue out another scire facias at any time
within SIX months from the rendering of
such judgment, and not after.
| 80. No person, after the setting ef the
sun on the day preceding the first Jay of
! the week, shall serve or execute any writ,
| process, warrant or decree eXcep ca
cape warrants, and warrants for ippre.
hendios the principal in favor of bal, and
in cases Of treason. felony and breaches Of
the peace. but the service thereof shall
be null and void in every respect.
40. The supreme and county courts.
| respectively may issue execution h due
form of law on every final judgment rem
dered by such court, which shall be made
returnable within sixty days from lie date
thereof, or at the next term ofsuch court.
! III not in less than sixty Gays,] or at the
election of the party.
al. No execution shall issue OF any
| judgment rendered by either of The courts
aforesaid, until twenty-iour hours after
the rising of the court, unless by special
permission of said court.
| AZ. The name of an attorney of record
for the plaintiff, and for the defendant, il
any. shall be endorsed on the back Of eve.
ry such execution, by the officer signing
the same.
SO. IF the writ and declaration in any
action pending in The supreme and coumy
courts shall be lost, mislad or destroyed.
such court, on written motion for that
purpose, may order declaration to be
filed in such action, under such regulations
as such court shall prescribe, and the
same proceedings shall be had on such d.
claration in such action, but if the plant fl
refuse to file declaration in such case,
the court shall direct a non suit in such
action, and tax costs for the defendant.
Al. II real or personal estate shall have
been attached on any writ so lost, mis- aid
or destroyed, the plaintiff may secure a
certified copy of such writ, declaration,
and officers return thereon, from the town
clerk IN the town in which such estate was
attached, and cause the same to be filed
IN such court, aud the same proceedings
shall be had on the certified copy, and The
estate so attached shall be held 10 respond
THE judgment in such action. in the same
manner as though The original writ, de.
caratlon and return were 10 court.
As. 1t shall be the duty of he clerk 81
such court to make record Of all suel
written motions and orders Of the cou'l
and he shall receive such compensate,
therefor as the court shall direct, to u
| paid by the party making such motion.
SO. When any goods or chaltels az
attached on mesDe process, whether Of
one or more wrlts, and the debtors att
the attaching creditors shall consent y
writing to the sale thereof, the aitachin.
! officer shall sell the same, in the name
prescribed by law for selling the like pro
: perry on execution, and The proceeds o
. the sale, after deducling the neccssar,
charges thereof, shall be held by the off
7 Ger subject to the attachment or attacn
E men,s, and shall be disposed Of in liz
e manner as the said properly would hav
i been held and disposed otlf il had remain
b ed uDsod.
J, 81. No creditor by attachment. ate
d such property is advertised for sale, sha
have a right TO prevent the sale thereo
o bu, The property may be charged, by a
!, tachment or execution put into the hand
c of the Office holding such property, in lk