The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1840-01-07
r Z " S T. ID S Il A u u II E S
CHAPTER XVIII.
p r O c q s S

OF summons or atlhcnment, ana SuDslanl!ally ac-
cording to the form prescribed by law.
g Writs Of attachment may issue against the
goods, chatles estate Of the defendant, and for
want thereof, against his body.
g. Original wrils shall be signed by ndge
cIorl of the court to which they returnabc, or
by Judge of the supreme court or justice of the
coInty in which they are returnable.
H. All judicial writs shall be signed by n Judge
0. he clerk of the court to which they return.
able,
3. No writ of summons or attachment, requir-
ing any poison TO appear and answer before any
court in this state shall be issued unless there be
sufficient security given To the defendant by way
of recognzance, by person other than the
plaintiff, 10 tho satisfaction Of the authority signing
such writ, that the plaintiff shall prosecute his
writ TO effect, and shall answer all damages, II
Judgment be rendered against him, minute of
which recognznnce with the name Of the surety
and the sum in which he is bound, shall be made
npon the writ at the time Of signing the same, and
signed by such authority, and if any writ shall
otherwise be issued, the same on motion, shall a.
bate.
6. All writs and processes signed by proper au.
thority, MS well original MS judicial, shall run into
any county or place in this snto, and may be there
served and executed by any officer authorised by
law to serve the same, and shall DO directed to amy
sheriff or constable in this state.
7. If shall appear to the authority signing any
writ or process, that such officer scasonu.
bly, be had to tic same, the writ process
may be directed to, aud served by, an indiffe rent
person, being named
8. When any writ or process shall be served
by such Indifferent person, the service shall be YER
fed by the oath of such person, n certificate of
which oath shall be endorsed on the process by the
authority administering the same.
g. Every original witt reurnobIo TO the "oun
ty court, shall mention the court time and place of
appearance. and contain n declaration setting forth
the of action IN due form Of law, and no CIV
il process shall be made reurnabIe to any adjourn
ed term of such court
10. Evory writ and process, reurnable before
The supreme county court, shall be served at
least twelve days before the session ofthe court to
which it is retuinable, including The day ofservico;
and every writ issued against any sheriff, high
bailiff, or constable for any default, neglect or
misconduct in their respective Offices shall be serv-
ed at least eighteen days before the session of the
court to which it is made returnahle and If is.
sued against any town, county, school dstrIcs or
corporation it shall be served at least thirty days
before the session Of the court to which it is made
reurnable
county court, shall be brought, tried and deermn
ed in the county in which one Of the parties
sides, if either resides in this state, otherwise the
writ on motion shall abate if neither party resides
in this state the snit may be brought in any county
in the state, but all actions Of eectment and for
trespasses committed on the freehold, shall be
brought, heard and tried in the county in which the
lands lie.
SERVICE OF MESNE PROCESS.
I2. Wrts of summons shall be served on the
defendant by delivering him true and attesed
copy Of the writ, with the officers return thereon
leaving such copy at the house OF his usual
bode, with person of sufficient discretion
then resident therein, but if there he no such per-
son, with whom ihe officer can leave such copy,
he shall then lodge the same ut the house Of the
then usual abode of The defendant, in such situa-
ton the defendant will most probably receive it,
and the manner Of such service shall be partlcu -
larly expressed in the return made by such officer
49, When the goods or chattels of any person
shall he attached at the suit ofanother, copy OF
the attachment and list Of the articles attached ut
tested by the officer erving the shall be de-
hvered to the party whose goods or chai,cs are so
attached or left at the house Of his then usual IL
bode, as is directed in the service "F summons, and
if tho person whose goods or chaites are attached
be not an inhabant of this state, then such copy
shall be left with his agent or attorney, If any be
known, and for want thereof, at tho place where
such goods or chaiels were attached, and the de
livery OF such copy shall be certified by sworn
officer who served the attachment or by the aiiida
Wit of some disnerestcd person who delivered the
Id. When any writ other process shall is
against any corporation aud it shall be necos
sary, by provision of law, leave a copy Of sucl
writ or other process with such corporation, sucl
copy shall be left with the clerk thereof, in his
absence with one Of the principal officers thereof
or in absence of all such officers, with one Of The
stockholders thereof.
Is. When hay, grain in tho straw, saw logs
square timber, coal, charcoal ashes, brick, mRchin
cry used in any shop, mill or factory, hides in thu
process of tanning, cordwood, stone, ore, lime
bark, shingles, boards, hives Of bees, hay scales
or potatoes, shall be taken by virtue of any writ o
of attachment execution, the officer serving sucl
process shall lodge copy of the same, with hi
return, in the town clerks Office in the town where
such property is taken, which shall be as eiectua
to hold such property against all subsequent sales
attachments executions, as if such property haC
been actuaysromoved and taken into the posses
sion of such officer.
16. The officer taking such property may re-
the same and take it into his possession, il
which he shall not be required to leave cop,
of the attachment execution in the town clerk
office.
II. When the real estate OF any person sial
be attached, true and attestcd copy Of such at
tachment, together with description Of the estate
attached shall be, by the officer serving the same
delivered to the party whose estate is attached
or left at his dwelling house, last and usua
place of abode and tho officer making such ser
vice shall also leave truo and attesed copy o
such attachment, together with description ofth
estate so attached in the office where by law
deed Of such estate is required to be recorded
IT the party whose estate is attached does not re-
side in this state, then such copy shall be deliverc,
To Tam orr ltnrn