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


thereon a. The nature and oiroumsianocs OF
the case require =
"a Ia ali actions on bond OF Tor any penal
.un for ia, nan.pcrlarmanco OF covenants, oT
an, agreements 10 any condition. Indcniurc'
deed or wrnae contained, the plaintiff may
assiyn "A many breaches as he shall choose
ana a. damages SHALL hc assessed FOR such
2 bycarhes a. iic p.ain,Ih shall prove. and the
court SHALL render Judgment ior the whole Pcn
,Nv. and cseoutioa shall issue tot 50 mnoh
I only a. shall have been found IN damages
with COSTS.
IS Ii in any such action there shan oe
,udemen, fof the plaintiff on demurrer oeiauh
confession. OF nlhil dici,, iho plsinhii may as
sign ~ many breaches a. be shall choose une
,,,,,l, whereof shall Nc found, and the damages
assessed according to law. and execution shall
go q, s,cb damages only. with costs.
N An such Judgments shall remain as
security 10 the plaintiff or his representatives
lor any other breaches which he shall alter
wards prove. and he may from time 10 time
have -cife iacias on such judgment against
the defendant or his representative, and as
sirn any other breaches, and ihereUpon dam
ages stall he assessed and execution issue
Tor the seme. with costs.
a. n, in any such acton, the judgment
shall hc rendered for the penalty In the SUI
preme court. the scire iacias may be uroueh'
before tho county court in the same county IN
which the original judgment was rendered.
~ When Judgment shall have been rem
dcrcd against any sheriff OF high baliff for any
ETHICAL misconduct, neglect or default and ex.
ecu,ion on such Judgment returned unsatished
or the dotendan, committed 10 jail thereon, the
creditor in such execution may IN his own
name and nigh, sue OF, a writ Of scire facias
, on the recognizance entered into by such sher-
if or high balif and his sureiics, for the faith
full performance of the duties OF his office, re-
. turnable before the county court IN the coun-
: ~ where such recognizance was taken
| 80. On the return of such writ Of scire IA
cias. such court. unless satisfactory cause be
! shown TO the contrary, shall render judgment
, against such sheriff or high baif and his sur
ties in favor Of the creditor, for the amount OF
, such execution, and all charges thereon with
j. legal interest, and costs
q so The defendant in such scirc facias may
make any defence or take any advantage or
G the scirc faoias that could have been made OF
d taken had an action Of debt been brought OF
" such rocognizance.
d 81. In all cases when the original judg
h meni aCains, the sheriff or high balifi was rem
e dered by default, and scife facias shall b'
/. brought as above provided, the suretes mrl
make any defence and take any advantage OF
o the scuc facias, which the principal might b,
IF law have made or taken IN the original action
n Proceedings IN actions on JOINT Contracts.
d So When any bond, recognzance, bill
,, note or other contract shall have been execu
- ted by two or more persons jointly, and one o
IL more of them shall reside out of this state, an
= action may be brough, and sustained thereon
against the party residing in this state.
ID SO. On all Joint and several contracts exc
al by N
= them reside out oil tins state, an actinn ma,
J. be brought, and sustained against one OF mor'
u OF them, suggesting in the writ In all such ca
70 SEES the persons out OF the state, as aforesaid
n 81. The recovery of the judgment agains
u one or more of several obligors or promisors
- on Joint and several contract without salts
T. faction, shall not in any wise discharge thu
other obligors or promisors from their labilit,
VI on such contract.
o. S. II one of several obligors or promisor
&c Jointly holden by virtue of any contract, i
&c writing, shall die, the representatives Of sue
: deceased person and the surviving obligors o
l. promisors may be charged, by virtue of sue
contract, in the same manner as if such con
., ,rac, had been Joint and several.
10 Proceedings in Criminal Causes.
So. No person shall be compelled TO plea
~ TO any indictment or information, until he sha
90 have been furnished with copy Of the sam
"A al least ,wenty-four hours, and il shall be III
m duty ofthe states attorney to furnish such copy
:. 81. On the trial OF any person on informa
n. ton or Indictment, for any crime, the convc
nv ton whereof induces legal infamy, the con-
az shall order such person into custody to be dc
an tanned in discharge Of his recognizance.
is s.. On the trial OF any person for n crimina
hc offence, or on the examination of any person
10 charged with such offence, before a justice.
sh u he the duty Of the court, on the request q
~. the prosecuting attorney the party accused. n
have the srve al witnesses examined separ.t
III and art from .ch other
Gu 50 When ang person shall b. in actual con
nj hlemeni in jail, by virtue of complaint for an,
n crime misdemesnor the Supreme court held !,
lot the count where such person is confined NAV n,
m application in wiring + such person, dr.c, IN,
an Information h. filed against him for the n, mr.,
e. Tor which he stands char ed, and on such i Tor
ma nation being filed such cnurt may receive an,
= record plea of gui,tr, and award sentence tber.
: on. and hear and determine any question of Law
arising on such informati n.
VI ID u, upon m information filed before ih. .u
u prone court, rs aforesaid the respondent .hnl
"a plead not guilty, orany other plea upon which Ar
M Issls Of FACT shall be joined, such informa,ion
OF wilt certificate of the proceedings IN reon
r he removed 10 the county CONT for such comfy
H. and he there tried in the manner as IL BIZ
=, respondent.
6l, " any person is actually confined in iaiI h,
virtue Of complain, tor crime or misde me.n nor
- inc c""nly eou'l Tor the county in which ,ucl
=" person shall be- confined may on moi N in xr,;,
- ing "i such person. direct b information IN n
nj hied aga ~, him FOR such oa.ne, and % 80
mt ioi"rm',ou b~ing filed, such court NAV n,oess,
70 me if,i oIsurh person IN the same manner /,