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


shall consist of one chief Judge, and four assistan
Judges any three of whom shall be a quorum, to be
appointed in the manner provided by the constitu-
ton.
2 Whenever on the trial of any cause before
4he supreme court, the judges present shall be e
'1ually divided in opinion, the judgment shall be
rendered according to the opinion, of the presiding
Judge.
g. There shall be in each county a county court
20 be held at such times and places as shall be ap
pointed by law for that purpose, consist of one
chief Judge, who shall be of the Judges Of the
.un,e ne court, TO be annually designated by the
.r.- of the supreme court for each judicial cir.
J"t sobIisnr,! BY law, and two assistant judges
~ he annointed for each co"tY, and to hold their
offices as provided by the const:utl" anu laws VI
the State, and two Of whom shall be quorum
4. There shall be FIVE judicial CIRCUITS IN the
state follows
The first shall consist of the counties of Ben
ningon and Rutland
The second, of the counties of Windham, Wind
sor and Orange
The third, of the counties of Addison, Chitten-
den and Grand Isle;
The fourth, of the counties or Washington, CAL
edonia and Essex;
The fifth, of The counties Of Franklin, Orleans
and LamoIlle.
s. One Judge of the supreme county court,
in the absence of the Others shall have power TO
open and adjourn their respective courts until a
quorum shall convene and if no judge of the
court be present, the sheriff of the county shall
have 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 ju.
Iisdction of all such petitions. not trable by jury,
as NAV by law be br ought before such court, and
shall have power to issue and determine all wIi's oil
error, ceriiOrari, mandamus, prohibition and quo
warranto, and all other wrts and processes to
courts of inferior jurisdiction, to corporations and
individuals, that shall be necessary to the iur'her-
aoce of Justice and the Irregular execution OF the
laws and shall have power to try and determine
all such questions of law shall be removed from
the county court, agreeably to the provisions OF
this chapter.
T. Each county court, within the several coun-
ties, shall have original and exclusive jurisdiction
Of all original civil actions, except such as are
made cognizabe by justice, and OF all such pc
tons may by law be brought before such court,
and appellate jurisdiction of all causes civil and
criminal appcaIable to sHch court, and may render
Judgment thereon according to law
g. Each county court shall have original Juris-
diction of all prosecutions for criminal offences
within the several counties, except such as are by
law made cognizable by justice, and may award
such sentence as to law and justice apper'ains.
g. In all civil causes tried before the county
court, either party may once and no more review
his cause to the next term of such court but no
review shall be allowed in either OF the following
l. When the Judgment is rendered upon non
suit default. .
2 When Judgment shall have been rendered in
any cause twice for the same party.
B. When either party shall have waved MS
review by entry made for that purpose.
4. In any suit brought against sheriff, high
bait or constable for executing Or duly return
ing writ of execution to him delivered to serve,
when a receipt was given by, or demanded OF such
officer at the time of the delivery thereof
5. In any suit brought by a sheriff, high balm
or constable on any receipt or writing ooigatorY'
executed for goods or chattels seized or taken by
virtue Of any writ of execution or attachment, IN
which receipt writing the party executing the
same promised 10 re-dever such goods or chat
tells.
e T., ,n,, .,,;, hronrbt hv , sberif or high bail
ut against his deputy, sureties, on any BOND eX'
ecuted to indemnify such sheriff or hlgh balm a
sanst any act, neg lect default of his deputy.
Z. In any suit brought against a sherln or ID Sn
OalItf or the suretes any recogniZance entered
into by such sheriff. high bailf or suretles, ior the
faithful performance of the office and duty OF such
sheriff or high bailiff.
s. In any suit which came to said court by
appeal, except when a review is allow ed by
10. No party shall be allowed to review his
cause until he shall have given sufficient security
~ Inc adverse party, by way OF reeognlzance, III
uch sum the court shall direct, conditioned ina
ne prosecute his review to effect, and answer nno
pay all intervening damages occasioned to the ad-
verse party by delay, with additional costs In case
me Judgment be affirmed.
IL. When party having appealed from the
Judgment of justice shall neglect to enter his ap
pea IN the county court at the term OF such cour
,h eAI after such judgment, such county court OF
,ue complaint in writing of the adverse party, ant
ne production of certified copy OF such justice
augment and appeal, shall affirm such judgment
aaeins to the damages, interest at the rate OF l.
pef cent, per annum from the time Of rendering
"e Judgment, with additional costs
liz; The supreme and county courts, respective
4 y, shall have power make all necessary rule
III. ;ne order practice in the several courts am
the!udges of the supreme court shall make, adop
and publish, and may from time to time alter an
, Hehd rules regulating the admission OF altornle
y, .ne practice oflaw before the supreme ana coun
~ courts, which rules shall be uniform and oindin
" :ae several county courts.
10 The supreme and county courts, Respective
M ~, snail have power in the trial of actions at law
ra ouon and due notice thereof being gwen,
sequire the parties to produce books or writings
"'' possession or power, which contain evldenc