Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-01-21
mo 3.

Nv HllN SUN 'lbhith dhailieA Nhtlti VI
high ballh or tie surctcs on any rcccgnizance
entered into by such sheriff, high balih or
suieties & for the faithful performance of tho
Office and duty OF such sheriff or high balf.
s. In any suit which came 90 said court 10y
appeal except when review is allowed by
law
4 10 No party shall be allowed to review his
cause until he shall have given sufficient So,
curly TO the adverse party, by way Of rucog-
nlzancc, in such sum as the court shall direct,
conditioned that he prosecute his review TO
effect and answer and pay all intervening
damages occasioucd TO the adverse pnrty by
delay, With additional costs in case the judg-
neni be affirmed.
IL. When party having appealed from tho
judgment of Justice shall neglect to enter his
appeal IN the county court at the term of such
court next after such judgment, such county
court on the complaint inwrting of the adverse
party, and the production Of a certified copy
of such Justices judgment, and appeal shalt
affirm such judgment. adding TO the damages,
interest at the rate OF - per cent. per annum
from the time oirendcring the judgment, with
additional costs.
IL The supreme and county courts, res
poctivcly, shall have power TO make all ncccs-
sary rules for the orderly practice in the sew.
eral courts and the judges of the supreme
court shall make, adopt & publish g. may from
time 10 time alter and amend rules regulating
the admission of atiornes to tho practice Of
law before the supreme and county courts,
which rules shall be uniform and binding on
the several county courts,
10. The supreme and county courts, rcspec-
lively, shall have power in the trial of actions
at law, on motion and due notice thereof being
! given, to require the parties to produce books
or writings in their possession or power, which
] %. . a,
! ative to the action, in cases ard under cir
cumstances where they might be compelled to
/ produce the same by the ordinary rules and
( proceedings in chancery and if the party fail
/ to comply with such order, the court may rem
der judgment against such party by nonsuit or
| default, as the case may be.
H. IT. pending any suit, it shall appear to
the court that the surety or the sum Of any re-
cnguizance for the prosecution OF the suit, or
/ any appeal or review, or the bail taken by the
officer on the suit is insufficient to secure tho
party for whose benefit the same was taken,
such court may in its discretion order bail to
be put in, sufficient for the purpose aforesaid
by such time as the court shall direct, o tn 9
judgment be rendered against the partyneg
lecting to comply with such order.
Is. No writ, declaration, return, process,
judgment or other proceeding in civil causes
in any of the courts in this state, shall be aba
ted, arrested, quashed, or reversed for any
defect or want of form but the said courts,
respectively shall proceed and give judgment
according to the right Of the case ofmat,crs in
law, without regarding any imperfeclions, de-
iects or want OF form, in such writ declaration
or other peadings, return process, judgment
or course of proceeding, except those only in
case of demurrer which the party demurring
shall specially set down and express, together
with his demurrer as the cause thereof
l6. Any court may, from time TO time,
mend all and every such impcrfcction, de fleets,
and want Of form, other than those only which
the party dcmuring shall express, as aforesaid.
and may at any time permit either Of the par
ties to amend any defect in the process or plea
dings upon such conditions as the court shall
prescribe.
II The Judges ofthe county court before
which any cause shall be tried, may, If the
Judge that the jury have mistaken the law or
evidence material 20 the issue, or have not paid
proper attention thereto, cause them to return
TO second and third consideration Of the case,
and the jury do not alter or reiract their yer
Dict the same shall be received.
Is When courth have committed any cause
to the consideration ofthe jury such jury shall
be confined under the care Of Fan officer, APP
pointed by the court. and sworn for that pur-
pose, until they have agreed on verdict, OF
are discharged from giving verdict, by order
of the court.
49, The jury empanneled for 'l.c trial ofany
I civil cause may find special verdict agreeable
70 the usIgcs Of law.
90. Tho several county courts shall have
power 10 try any issue Of fact submitted TO tho
court 10y agreement Of the parties, IN any suit
pending IN such count.
81. The supreme and county courts respec.
lively, may, by agreement Of the parties and
rule Of court, refer any cause pending in such
court, 10 the determination Of such number Of
men as shall be agreed upon by The parties.
and the report Of such referees being returned
shall be- allowed and accepted by the cour
granting the rule. unless sufficient cause bc
shown 20 the contrary.
%. ia report offeiereos shall not be allow
ed and accepted, or no report be made, the
parties may again refer the cause, or the same
shall be open for trial IN court, as though il had
never been referred, and the party who shall
finally recover 10 such cause shall be allowed
ia his bill Oi cost tic cost Of the former refer
encc.
%. The judges Of the supreme and county
courts. when the state Of business shall re-
quire II may adjourn iheir respective courts
within tie county in which they are usually
held, 10 such day previous "a tie next stated
term a. they shall think proper.
q. The chief Judge Of any county cont may.
in his discretion, al any tue order a special
session Of such cour Tor the trial Of criminal
causes.
%. No Judge ofthe supreme OF county cOun
shall sit in the trial any cause IN which he shall
have been retained or acted ~ attorney or
counsel, or is Interested IN the event Of such
Il