Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-01-21


,s,.., ,l,e ts,Agus wiso shall ziicBd ne sessions I
,g,4. .,,r-,o,c osart fuf the ensuing year IN 4
.r,rh A srlsnisof fsai fep' shall 10 assiRn'i !"
80 cosuss and Is shall he the duty q ipe ieui
,h-,. d,,irnaic Z q ATTEND to term OF ne -
u+su,s eaay, in each ~ the counties 10 "nich
tassr arc assigned.
a. n aht one o. two Of The Judges Mus
nsntisd. shall hc legally disqualified 70 a.
IN lhs dscision. Il any capsc iending "a s'i'
osaft. e. shall 10 detained tom court hl SICK
,,~,.. y, sBy uaaroidahlc accident oi pcccssiif-
The remaining jsdgcs - designated shall have
r-swcs 10 t., and determine any such cause ~
hold ihiee iodecs present AZ any term 81 uie
supreme ooug,, unless al the Judges concur 10
lsc decision.
q One lodge 81 tie county court may Wy
sad detoina;ns any cause pending m such court
when ,he cher ridges present are legally dis-
evslihed 10 act on ihc uial Of such cause
~. la case any Judge Of the Supreme coun
shal te unable 10 attend any term Of uie county
court IN has Judicial circuit. hY reason OF SIGN,
ness sbsonco or other cause. o. by reason 81
interest," W Otherwise. is disqualified 10 act VI
tho uial Of aay cause pending IN such court
any other Judge Of the supreme court may
preside ~ such county count during suchieTm'
OF on the iIiAl Of any sUch cause.
30 The su2semo CT county court ssini nave
roSer 70 appoint commissioners 10 take ana
report u tic court the accounts Of any eNeou-
tor. administrator or guardian IN case APP
tsaled lr,gn the decision of probate conrl :
ami sny commissioner. 50 appointed may ao-
minister all Necessary Oaihs on the ehaInlna,
non Of such accounts. and such report shall
hc subject 70 the opinion OF me court upon 'he
facts therein exhibited.
Al An writs. processes, decorations, in
dicimenix, pleas, answers, and entries ~ the
several courts OF justice "a this state shall he
In the English language, except technical
terms
81. When ludgmen, shall be rendered by
default or on demurrer IN any court, the Judges
ofihe court shall have full power, boy them
selves, by the jury IA court. the report OF the
clerk or the report, on oath, Of any person APP
pointed On inquos, by ,he court, TO ascertain
the sum due
q. II any person shall cause process TO bt
served on another ior any matter or cause, and
discontinue his suit. OF be non-suii therein, OF
when such suit shall be abated or dismissed
for want Of jurisdiction, the court TO which
ouch process is made TeiUrnablc shall give
Judgment for the defendant 10 recover reason
able costs
a. When the dcfondan, in any suit beinl
duly served with process, and return thefco
being duly made, shall not appear in person o.
by attorney. his defaul, shall he recorded ant
judgment, rendered agans, himthereon unless
on OF before the third day of the term he shal
come into court and move for trial, in which
case I've shall he admitted thereto, upon pay
ing 10 the adverse party legal costs.
IS The dcfcndan, in any action may peat
the general issue. and upon the trial of thu
cause on such general plea may give any spe
cial matter IN evidence in his defence or justi
fcaiIon, according 10 the nature of TIE action
he giving notice IN wiring. with the plea OF tn
SPECIAL matter on which lac shall rely in sucl
defence or justification and no special matte
shall bc allowed IN evidence, except such al
shall be particularly mentioned IN such notice
In writing.
% Al issues Of law, and all questions o
law arising upon the trial of any issue o
fact, by the court or jury, and placed upon In
record by tho agreemen, Of the parties, or tn
allowance and order of any two of the Judge
that attend the cause determined by any coun
~ court, may pass to the supreme court for
fnal decision but execution shall not o
course be stayed thereby, but may be stage
by order OF the court on consideration Of III
difficulty and Importance Of the question.
81. Exceptions TO the opinion OF the count
court on any question OF law which may arts
on the trial Of any civil cause, shall be signe
by the presiding Judge and filed with the cler
Of such court within thirty days after the II,
ing Of the court; and II they are no, filed witt
in that time, II shall be the duty OF the cler
10 erase any entry Of exceptions which ma
he made on the docket aud issue execution O
the Judgment and the time such entry
erased from the docket shall he deemed III
day on which the plaintiff is first entitled
execution on the Judgment
Is. When execution shall be STAYED q
Aforesaid. and Judgmen, OF the county cou
shall be affirmed 10y the supreme court, sue
court shall render judgment for the amour
for whach Indgmen, was rendered by the cour
~ court. adding thereto inteTes, upon the del
OF damages duung such stay OF execution
with additional costs.
-. Nheneyer Jury tTial shall become n,
cesSaTy IN any cause pending in the suprcm
court, the original files and papers shall be r,
moved 10 the county court ior such trial. ac
companied with certificate Of the order ,
The supreme court, and II such cause was o,
iginally commenced IN the county court, sue
court may proceed IA try and render judgmen
IN the same bot n The county court has no
jurisdiction 10 render JudgmsAi upon the yer
dict IA such cause, the verdict shall be cert
bed 10 The supreme coun neat thereafter 10 D
boidon IA the same county, which court shal
render Judgment thereon. according 10 law.
40 When the Judgment Of any county cou
upon aqucsiion 81 law j. 10 be revised bv ii
supreme couri, ail The original files aud pspel
shsu be.rem0sci 20 the supreme court, an
the supreme coun shall render such ludgtnel
thereon as ought "a be rendered
IL Ahy pSuy Who shall. carry a cause fro
The county court IN the supreme couu. 4
the trSl Of any que sion OF law therein. shs
moi Afterwards be permitted 10 review SUD
cause