The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1840-01-21


On such general plea may give any special matter
~ evidence in his defence or iustifcatIon accord
ing 10 the nature of the action he giving notice in
Wt'nnS, with the plea of the special matter on
""ich ne shall rely in such defence or justification
ana no SPECIAL matter shall be allowed in evidence
except such as shall be particularly mentioned IN
such notice in wrtinp "
30 All issues of law, and all questions of law
asInS upon the trial of any issue of fact, by the
court or jury, and placed Upon the record by the
agreement OF the parties, the allowance and
order OF any two OF the judges that attend the trial
determined by any county court, NAV pass to the
supreme court for final decision; but execution
shhli not OF course be stayed thereby, but may be
STAYED by order of The consideration of the
u'.ncuitY and Importance of the question
81. Exceptions to the opinion of the county
court on any question of law may arise on the trial
OF any civil cause, shall be signed by the presiding
Judge aud filed with the cleik of such court within
oo uey aiter the rising of the conE and if they are
not ned within that time, it shall be the duty Of the
clerk to erase apy entry Of exceptions which NAV
be made on the docket aud Issue execution on the
Judgment and the time such entry is erased from
the docket shall be deemed the day on which
the plant Is first entitled 10 execution on the Iuds.
ment.
80. When execution shall be stayed as afore-
sad a. the Judgment of the county court shall be
ahrnea by the supreme court, such court shall rem
DER, Judgment for the amount for which
Judgment was rendered by the county court, ad-
ding thereto interest upon the debt or damages
during such stay or execution, with additional
costs.
30 Whenever jury trial shall become necessary in
any cause pending in the supreme court, the origi
nal niles and papers shall be removed to the county
court for such trial, accompanied by cert hcae Of
the order OF the supreme court, ~ il such course
was originally commenced in the county count,
such court may proceed To try and render dgment
IN the same; butit the county court has not uris-
dclon 20 render judgment upon the verdict IN
such cause, The verdict shall be certified to the
prone court next thereafter held in the
~, which court shall render judgment thereon,
uU:ding to law.
40. Wnea the judgment Of any county court
upon question Of law is revised by The supreme
court, all the original files and papers shall be re-
moved to the supreme court, and the supreme
court shall render such judgment thereon as ought
to be rendered.
Any party who shall carry cause from the coun-
ty courtto the supreme court, for the trial Of any
question of law therein shall not afterwards be per-
United to review such cause.
PROCEEDINGS IN ACTIONS ON PENAL
42 In all actions brought TO recover the for
feiture annexed TO any article Of agreement, cove
nant, bond bond of recognIzance with condition
thereto annexed, contract, charter party, other
specially when the forfeiture, breach or non per
fOrmance shall appear by the trial of an issue OF
fact by the default or confession OF the defendant,
or upon demurrer, the court, before which The ac-
ton is pending, may render judgment ior the plan
tiff TO recover much as is due according to equi-
ty and good conscience, and when the sum Tor
which judgment ought to be rendered Is uncertain,
scd by jury.
A. In ali actions brought to recover the penal
~ or forfeiture annexed to any boud or recogni-
zance, given taken in any criminal cause, the
court before which such action is pending may les
sen the sum of any such bond of recogniZance
and render such judgment thereon as the nature q
circumstances of case, shall require.
A In all actions on bond, or for any penal sum
for the non-performance of covenants, any agree
ments in any condition. indenture, deed or writing
contained, the plaintiff may assign as many breach
he shall choose and the damages shall assessed
for such breaches the plaintiff shall prove, and
the court shall render jud gment for the whole penal
ty and execution shall issue for much only
shall have been found in damages, with cost
As If in any such action there shall be iudg
ment for the plaintiff on demurrer, default, confcs-
sion or nihil dict, the plaintiff may assign many
breaches he shall choose ,thetruth whereof shall
DO found, and the damages assessed according to
law, and execution shall issue for such damages
only, with costs.
46 All such judgments shall remain as a secu-
rity TO the plaintiff his representatives for any 9TH
err breaches which he shall afterwards prove, and
he may from time to time, have scre faclas
such judgment against the defendant or his repre-
senatves and assign any other breaches, and there
upon damages shall be assessed and execution is
sue for the same with costs.
AZ IT, in any such action, the judgment shall
be rendered for the penalty in the supreme court,
the scire facas may be brought before the coun-
ty court in the same county in which the original
judgment was rendered.
40 WHeH Judgment Siia!l nave DeeH IeHueieo
against any sheriff high bailifi for any official
misconduct, lect or default, and execution on
such Judgment returned unsatisfed the defen-
dant committed TO Jail thereon the creditor in such
execution may IN his own name and right sue out
writ of scire acas, the recognizance entered in
to by such sheriff high baIiif and his sureties,
for the faithful performance ofthe duties of his OIL
fee, reunable before the county court in the coun-
ty where such recognizance taken.
40. On the return of such witt of scire faclas,
such court unless satisfactory cause be shown to the
contrary, shall render judgment against such sher-
if or high bailiH and his surees in favor of the
creditor, for the amount of such execution
and all charges thereon with legal interest, and
cost.
so. The defendant in such sciIe facas may
make any defence or take any advantage on the
scire facias that could have been made or taken
had action Of debt been brought on such recog
nizance
81. In all when the original Judgment
against the sheriff or high baiff was rendered by
default and scire fncas shall be brought ns above
provided The sureities may make any defiance and
take any advantage on the scre tacias, wh'ch Inc
principal might by law have made or taken IN the
original action. -