Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-13

ctUtI putty, wv HSstSStu IVY IuTy.
as. 10 all actions brought TO recover the
penalty or forfeiture annexed to any bond
Of recognizance, given or taken 10 any
criminal cause. the court before which such
acton is pending may lessen the sum Of
any such bond OF recognlZance and render
such judgment thereon as the nature and
circumstances Of case shall require.
a.. 10 all actions on bond, or for any
penal sum for the non. performance Of Gov.
enants. or any agreements IN any condition,
indenurc, deed or writing contained, the
plaintiff may assign as many breaches as
he shall choose, and the damages shall be
assessed for such breaches as the plaintiff
shall prove, and the court shall render
judgment for the whole penalty, and exc.
cutlon shall issue for so much only as shal
have been found in damages with costs.
as. II in any such action there shall be
judgment for the plaintiff on demurrer, de
fault, confession or nhil Dict, the plaintiff
may assign as many breaches as he shall
choose. the truth whereof shall be found,
and the damages assessed according to
law, md execution shall issue for such
damages only, with costs.
46. All such judgments shall remain as
security to the plaintiff or his represent
tatives for any other breaches which he
shall afterwards prove, aud he may from
time TO time have scire iaclas on such
Judgment against the defendant or his rep
resentalve, and assign any Other breaches,
and thereupon damages shall be assessed
and execution issue for the same, with
costs.
Al. II. in any such action. the judgment
shall be rendered for the penalty 10 the
| supreme court. the scire facias may be
brought before the county court in the
same county in which the original judgment
was rendered.
48. When Judgment shall have been
rendered against any sheriff or high bailiff'
for any offic'al misconduct. neglect or de.
fault, and execution on such Judgment re
turned unsa'isfied, CT the defendant COM
mitten to Jail thereon, the creditor in such
execu' ion may in his own name and right
sue out a writ Of scire faclas, on the recog.
nlzance entered into by such sheriff or high
baihff and his suretles. for the faithful per.
Torrance of the duties Of his Office, return
able before the county court in the comfy
where such recognzance was taken.
| 40. On the return of snch writ of scire
facias, such court unless satisfactory cause
be shown to the contrary. shall render
Judgment against such sherlf'or high baiff
and his surelies in favor of the creditor,
for the amount Of such execution. and ali
charges thereon with legal interest, and
| costs.
SO The defendant in such scire eacias
may make any defence or take any advan-
tage on the scre facas that could have
been made or taken had an action of debt
been brought on such recognrzance.
| 81. In all cases when the original ndg-
ment against the sheriff or high baliff' was
rendered by default, and scire facas shall
be brought as above provided, the sureties
may make any defence and take any ad-
vantage on the scire facas, which the prin.
cipa nigh, by law have made or taken in
the rignal action.
Proceedings in Actions on Joint Contracts
SO. When any bond, recoGnizance. bill
note or other contract shall have been exc
culed by TWO or more persons jointly, and
one or more of them shall reside out of this
state. an action may be brought and sus-
tanned thereon, against the party residing
in this state.
SO. On oil 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 agans, one
! or more of them, suggesting in the writ If
all such cases the persons out of the state
as aforesaid.
81 The recovery of The judgment ngains
one or more Of several obllgors or promi
sors, on q joint or joint and several con
tract without satisfaction, shal not in an,
wise discharge the other obllsors or prom
lsors from their liability on such contract
So. If one Of several obllgors or promi
sorrs jointly holden by virtue of any con
s tract, in writing, shall die, the repres enta
r tives of such deceased person and tho sur
e viviDg obhgors or promisors may be charg
! ed, by virtue of such contract, in the sam
. manner as if such contract had been Join
d and several.
: Proceedings in Criminal Causes.
n Sc. No person shall be compelled I
n plead to any indictment or information
, until he shall have been furnished with
copy of the same at least twenty fou
hours, and it shall be the duty of tho state
v attorney to furnish such copy.
!. 81, On the trial of any person on infor
/ nation or indictment for any crime, tn
e convection whereof induces legal infamy
i the court shall order such person into Gus
o lody to be retained in discharge of hi
recognlzance.
o SO. On the trial of any person for Grim
q ldal offence, or on the examination of an
v person charged with such offence, before
d justice, It shall BIO the duty of the court, o.
the request of the prosecuting attorney o
the party accused, to have the severa
: witnesses examined separate and apar
0 from each other.
+ SO. When any person shall be in actua
Q confinement in Jail, by virtue Of a complain
!, for any crime or misdemeanor, the su
o preme court held in the county where sue
ii nprson ia confined NAV on aanlicatOn n