Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-01-21
Revised Statutes.
CHAPTER XIV.
OF THE
SUPREME AND COUNTY COURTS.

1. There shall be supreme court within
and for this state, to be held at the respective
times and places by law appointed for that pur-
pose, which shall consist of ore chief Judge,
and four assistant jugdes, any three of whom
shall be quorum, TO be appointed in the man
ner provided by the constitution.
3. Whenever on the trial of any cause be-
fore the supreme court, the judges present
shall be equally divided in opinion, the udg-
ment shall be rendered according to the opin-
ion Of the presiding Judge.
3. There shall be IN each county a county
court, to be held at such times and places as
shall be appointed by law for that purpose, to
consist OF one chief Judge, who shall be one of
the judges OF the supreme court, to be annually
designated by the judges of the supreme court
for each judicial circuit established by law
and two assistant judges, to be appo inted for
each county, and to hold their offices as provi-
ded by the constitution and laws Of the state,
any two OF whom shall be quorum.
A. There shall be five judicial circuits in the
state as follows -
The first shall consist ofthe counties of Ben
nington and Rutland
The second, of the counties Of Windham
Windsor and Orange
The third, of the counties of Addison Chit
tepden and Grand Isle;
The fourth, of the counties of Washington,
Caledonia and Essex.
The fifth, of the counties of Franklin, Orleans
and Lamoile.
s. One judge OF the supreme or county court,
in the absence of the others, shall have power
to open and adjourn their respective courts
until quorum shall convene and if no Judge
ofthe court be present, the sheriff OF the county
shall have the power TO open and adjourn any
supreme or county court, from day to day,
until one of the judges shall be present
6. The supreme court shall have exclusive
jurisdiction of all such petitions, not trable by
Jury, as may by law be brought before such
court, and shall have power 10 issue and deter
mine all wrts oferror, certiorari, mandamus,
prohibition quo warranto, and all other
writs and processes 10 courts of inferior iuis-
diction, to corporations and individuals, that
shall be necessary to the iurtherance of Justice
and the regular execution OF the laws, and shall
have power to try and determine all such ques-
tons of law as shall be removed from the
county court, agreeably TO the provisions of
! this chapter.
T. Each county court, within the several
counties, shall have original and exclusive
jurisdiction Of all original civil actions, except
such as are made cngnizable by a justice, and
of all such petitions as may by law be brought
before such court, and appellate jurisdiction
Of all causes, civil and criminal, appealabe TO
such court, and may render Judgment thereon
according 10 law.
T. Each county court shall have original
jurisdiction of all prosecutions for criminal
/ offences within the several counties, except
such as are by law made cognizable by JUS
/ iice and may award such sentence as to law
and justice apperains.
0. la all civil causes tired before the county
court. either party may once and no more
review his cause 10 the next term Of such
court but no review shall be allowed in either
Of the following cases
]. When thejudgmeni is rendered upon non
/ suit or default.
2. When judgment shall have been render
ed in any cause twice for the same party.
3. When either party shall have waived his
/ review by entry made for that purpose.
4. In any suit brought against a sheriff, high
balif or constable for not executing or duly re-
turning writ ofexecu,iOn 20 him delivered 10
serve when receipt was given by, or deman-
ded Of such officer at the time Of the delivery
/ thereof
g. In any suit brought by the sheriff, high
/ baliffor constable on any Ieceip, or writing
obligatory, executed for goods or chaiiels
seized or taken by virtue Of any writ ofexecu-
ton or attachment, IN winch receipt or writing
the party executing the same promised 70 re-
deliver such goods or chattels.
9 In any sui, brought by sheriff or high