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


| 81. The recovery Of the judgment against one
or more ofseveral obg ors or promisors on a ioinI
or joint and several contract, without satisiac-
ton, sha no: in any wise discharge the Other
oblIgors or promisors from their liability on sucl
| contract.
65. If one of several obgors or promisors Joint
ly holden by virtue ofany contract, in writing, shall
de- the representatives. Of such deceased person &
the surviving oblgors or promisors may be charged
by virtue OF such contract, in the same manner as
II such contract had been joint and several
PROCEEDINGS IN CRIMINAL CAUSES
80. No person shall be compelled TO plead
| to any indictment information, until he
shall have been furnished with a copy of the
same ut least twenty four hours and it shall be
the duty OF the states attorney to furnish such
81. On the trial of any person on information or
indictment for any crime, the conviction whei cot
induces legal namy, the shall order such per
son into custody to be retained in discharge of his
recognZance
So. On the trial OF any person for a criminal Of
fence, or on the the examination of any person
charged with such offence, before justice, it shall
De Inc duty OF the court the request of the pros
ecullng attorney the party accused, have the
several witnesses examined separate and apart from
each other.
90. When any person shall be in actual confne-
ment in Jail, by virtue Of complaint for any crime
or mlsdemeanor, the supreme court held in the
county where such person is confined may, ap-
picaiIon in writing such person. direct that an
formation be filed against him for the offence for
which he stands charged, and on such information
being filed such court may receive and record a
plea of guilty, and award sentence thereon, and
hear and determine any question of law arising on
such nioi nation.
60 If upon an information filed before the SUI
Preme court, aforesaid, the respondent shall plead
not guilty, or any other plea which issue of
TACT shall be joined, such information with
a certificate Of the proce edings thereon, shall
be removed TO the county court for such county
and there n he mar If n Of
indictment had been returned against such respon-
dent.
Ol. lfany person is actually confined in Jail by
virtue OF a complaint for crime misdemeanor
Inc county court tor the county which such
person shall be confined may, motion, in wri
ting of such person, direct iufol nation to be
filed against him for such offence, and on such in
formation being filed, such court may proceed in
the trial OF such person in the manner If
indictment had been presented against by the grand
jury.
62. The provisions fthe last three sections shall
not extend 10 any crime for which the punis men
pres cribed by law is death.
G3. If any person bound TO appear before the
county court on any criminal charge, inlorma ion
or indictment, shall not appear, but forfeit has &c
cogniZance, such court shall order warrant to be
issued from time to time, to take the body of such
person for trial. aud The surety of such person shall
have power to take and deliver him up TO the oi =
Ger having such warrant TO the court that issued
the same; and 'on chancerng such recognizance,
the conrt shall consider the same in favor of such
surety.
GA. Every question of law decided by the coun-
ty court arising on demurrer Oh upon trial by Ju-
ry, in a prosecution by indictment or inlormauou
FOR any crime or misdemeanor, may, after verdict
of guilty is returned, be allowed and placed upon
the record if the court or consideration of the diff
hculty and Importance of such question shall so di
rect and not otherwise; and the same shall there
upon pass to the supreme court for a final
decision, and Judgment, sentence and execu
ton shall be thereupon respited aud stayed.
finn, Il Nf I'm lnfN
court upon any motion in arrest ofjudgmeI.t made
in prosecution by indictma mt or information, may
be allowed and placed upon the record, IT such
court upon consideration of the difficulty and i'm
portance of the question. shall so direct, and not
otherwise and the shall lhereupon pass to the
supreme court for final decision !; and Judgment,
sentence and execution shall thercupon be respited
and stayed
&c. If, on inspection of the record in any such
cause, the supreme court shall be of OPINION that
Judgment ought to be rendered upon tho verdict,
such court shall proceed to render judgment and
sentence thereon, according TO law, and cause exc
Cution thereof to be done otherwise the cause
shall be removed to the county court for trial, or
judgment acquttal shall be rendered BY the SUI
preme court, law and Justice may require.
G7. No writ of error shall be allowed in Grim
NAL cause, prosecuted by indictment or iniorma-
ton.
Go. When any person shall he prosecuted by
indictment or in formation for uttcrpg and publish
ing any libel, for defaming the civil authority OF
this stato the respondent may plead the general Is
sue, not guilty, and may give in evidence to the
jury the truth of the words contained in such sup
posed libel, set forth IN such Indictment or in
formation, and if the truth of the words contained
in such supposed libel to forth in such indict-
ment or information, are proved to the satisfaction
of the jury, they shall bring in their verdict not
guilty.
['I'he foregoing chapter is now in force.l
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