The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1840-01-14
sold or otherwise disposed of in the manner fol

lowing. .. ...a,. y. . ... ...
40. Upon such application made by either party
TO the officer attaching he shall give notice there
Of TO all tho other parties or their attorneys and
shall prepare a schedule of the goods and appoint
thieo DISTINGUISHED persons, acquainted with inc
nature and value of such goods, to be sworn by
such officer to the faithful discharge of their duty,
appraisers in the case. r.. ...
SO. The appraisers shall examine tho attached
properly, and, If they shall be of the opinion, that
the same, any part thereof is liable to pcrsh or
waste, or TO be greatly reduced in value by Keep.
ing, that it cannot DO kept without great ana
dispropoi tomato expense, they shai' proceed 10 ap
praise the same according to their best SIKH and
Judgment, at the value thereof in money, ana inc
goods shall thereupon be sold by tho officer, ana
the proce eds thereof shall be hod and disposed OF
in the manner before provided IN case or salo ny
consent Of the parties, unless the goods shall be
taken by the defendant, as provided IN me io'ioW
ing section. ... .,....
81. The goods appraised shall be delivered
Ito the defendant If he require II, upon his deposit
ing with The attaching officer the appraised value
thereof in money, or giving to such officer salts
factory security for the payment OF such appraired
value of the goods, satisfy all such judgments
as shall be recovered in the suits in which the
goods were attached, if cd wi thin the time
during which the goods would have been held by
the respective attachments, ana 10 indemnify such
officer from all costs and damages that he may sus
tain if such payment is not made within the time
aforesaid.
so. The attaG hing officer in such shall BIO
accountable 10 tho attaching creditor, for the APP
debtor. .t ."-
ABSENT DEFENDANT AND WRIT OF RE
...- .. VIEW. .-. ..s
So If The mart against whom any suit shall be
brought before The supreme or county court, shall
be absent from Tie at the time OF the service
of the writ, and shall not return within the same,
before the time of trial. such court shall (uniess
such party had notice Of The service of the writ
twelve DAYS before the sitting of the court) con-
tinuc the aud order notice to be given to the
absent defendant, by publication IN some pubhc
TO pI neU tod nv n cnn
Sd In all cases against such absent defendant
when Judgment shall be rendered upon default
without proofof personal notice, execution or writ
of possession shall not issue until tho plaInth, his
agent or attorney, shall have given bond by way
Of recognizance, with sufficient surety, 10 be taken
by the clerk Of the court in which such judgment
shall have been rendered, in double the value OF
the estate or sum of money recovered by such
judgment. 10 pay such sum Ms shall be recovered
by such absent defendant by writ at review, and
tho surety aforesaid shall be no further answ cradle
than for The recovery which shall be had upon
such writ. .
55. The defendant, against whom judgment
shall have been rendered by default without notice
as aforesaid, may at any time within three years
from the time Of rendering such Judgment, bring
his writ of review before the same court that rem
dered such judgment, and upon such writ belngre-
turned in court, the original judgment shall be va
Gated, il it s in part satisfied, or IL III was Tor
the recovery of real estate.
Sc. If the original judgment has been fully sat
sfied the same shall be affirmed.
the same shall he affirmed for so much as ia sat
sfed aud reversed for the balance.
I 81 The court shall then proceed to try and de-
termne the original action in the same manner as
if there had been Judgment rendered and If the
original plaintiff has recovered and collected on me
Judgment more than was his due, judgment shai
be rendered for the original defendant 10 recover
such sum, with interest, and his reasonable duma
ges with costs, otherwise such Judgment shall be
rendered as tho nature OF the case snail re-
quirc. ,
So Tho writ Of review shall DO sued out and
serv ed in the snme manner hs original wills
| Co. Upon every iud gnent rendered upon Il witt
Of review the court shall have power TO allow or
deduct costs between tho parties as the equity OF
the case all demand, and either party shall be en-
titled TO review of the came as if no previous
udg ent has been rendered.
/ 6l IN all cases when an action shall be brought
on any Judgment rendered by default against such
absent defendant without proof OF personal noiIce,
it shall be lawful for the defendant to plead org've
in evidence ANY matter OF thing, which he might
have done in the original action.
! IMPRISONMENT OF DEBTORS.
GO No female shall be arrested imprisoned
by virtue Of any mesne process which shall issue
ia an action founded on contract, nor by virtue OF
any execution which shall issue on a judgment re-
covered in any such action. 49,.
G3. No person, who is Il resident citizen oil TINS
state, shall be arrested or imprisoned ny virtue OF
any mcsne process which shall issue il an action
founded n contract, express or IMPLIED, made or
entered into after the first day Of January, IN the
year thousand eight hundred and thirty nine,
nor Ivy virtue of al execution issued on judgment
rec0v cred in an action founded on any such con-
tract Provided TINT if the plaintiff, ptavinE out u
writ on any contract made after the first OF Janu-
any 1882 shall file with the authority ISSUING such
writ, affidavit stating that he has good reason to
believe and does believe, that the defendant IS a
bout To abscond from the state, and has secreted,
| about his person elsewhere, money or Other
property, such writ may issue US an attachment
against, and DO served upon, the body OF the de-
PENDANT.
Ga. When final Judgment shall be rendered by
auy court on contract express implied The
debtor may appear bcfoIe such court during the
term at which the Judgment j. rendered, or IT rem
dered by justice, within TWO hours after the rem
di,ion thereof, and submit himself TO be examined
on oath, touching his situation, circumstances and
property. ' .... -"
SIS. If the court utter the examination of the
debtor, and hearing such evidence as may be pro
uced by the creditor, shall adjudge that the debto
would be entitled TO the benefit Of the poor debtors
OATH if he was confined in Jail on execution, sucl
court shall administer to the debtor an oath sub
stantialy in the form prescribed for poor debtor
\ IL. tho nnfpr Of