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

be compelled TO produce the same by the ordinar
rules and proc 4edngs in chancery and if the pan
ty fail 10 comply with such order, the court ma
+ render judgment against such party by nonsult o
default, as the case may be.
IA. If, pending any suit, it shall appear to tn
court that the surety the sum of any recoSnZanc
for the prosecution of The suit or any appeal or re
view, or the bail taken by the officer on the SUIT,
insufficient 10 secure the party for whose bench
the same was taken, such court may in its dlscre
ton order bail to be put in, suici ent for the pur
pose aforesaid, by such time as the court shall III
rect, or that judgment be rendered against the par
ty neglecting TO comply with such order.
| 10. No writ, declaration, return, process, Judg
ment or other proceeding in civil causes in any O
the courts in this state shall be abated arrested, o
reversed for any defect want Of form but thu
said courts, respectively, shall proceed and Civ
Judgment according to the right of the an,
matters in law, with out regarding any imperection
defects or want CT form, in such writ, declaration
or other pleading, return, process, judgment o
course OF proceeding, except those only in O
demurrer, which the party demurring shall special
ly set down and express, together with his demur
rer as the cause thereof
I 10. Any court may, Fl ON time to time, ament
all and every such imperfection, defects and wan
of form, other than those only which the party de
murring shall express as aforesaid and may at an,
| time permit either of the parties to amend any de
feet in the process or pleadings upon such condi
tons as the courts shall prescribe.
II. The Judges Of the county court before
w hch any cause shall be tried, may if they Judge
! that the jury have mistaken the law or evidence
! material to the issue, or have not paid proper at
tention thereto, cause them Ieturn to a seconc
and third consideration of the case and if the Jury
do not alter retract their verdict, the same shall
be received
Is. When the court have committed any cause
TO the consideration of the jury, such jury shall be
coniin.t under :ha care of an officer, appointed by
the court, and sworn for that purpose, until they
have agreed on verdict, or are uiS;"a'Seu "on
giving verdict, by order of the cGprt
49, The iurV empannelled for the trial Of any
civil cause may find special verdict agreeabIy to
the usages of law.
90 The several county courts shall have pow
err 10 try any issue of fact submitted to the court
by agreement of the parties, in any suit pending n
such court.
81 The supreme and county courts respective
y, may, by agreement of the parties and rule OF
court, refer any cause pending in such court, to
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 court granting the rule, unless sur
ficient cause be shown to the contrary.
90 II report of referees shall not be allowed
and accepted, or no report be made, the parties
may again refer the cause, or the same shall he OPP
en- for trial in court, as though 1t had never been
referred and the party who sha finally recover IN
such shall be allowed in his bill of costs the
cost of the former reference.
%. The Judges of the supreme and county
courts when the state of business shall require it,
may adjourn their respective courts within the
county which they are usually held, to such day
previous to The next stated term as they snail 'hihN
81. The chief Judge Of any county court may,
in his discretion, and time order special SEES
sion of such court for the trial of criminal
causes.
%. No indge of the supreme county court
shall sit in the Trial of any cause in which he shall
have been retained acted as attorney or counsel,
or Is Interested in the event OF such cause, or is re-
lated TO either party within ihe fourth degree oil
consanguinity affinity. shall be permitted to
appear as an attorney be of counsel in any cause
in which he shall have acted as Judge
26. 1t shall be the duty OF the judges OF the
supreme court, ma or part OF them, as soon as
convenient after their appointment, TO designate
the Judges who shall attend the sessions OF the su-
preme court for the ensuing year In such manner
that four shall be assigned To each county and II
shall be the duty of the four thus designated to at
tend the term of the supreme court IN each OF the
counties to which they are assigned
81 Icany one or two of The judges thus desig-
mated shall be legally disqualified to act in the de.
csIon of any cause pending in said court, shall
be detained from court by sickness, or any una
vodable accident ornecessity, the remaning Judges
so designated shall have power to try and deter
mine any such cause, or hold the court for such
term but when there are only three judges pres
ent at any term of the supreme court no cause
shall be determined by such court, unless all the
judges concur in the decision
%. One Judge of the county court may Try ana
determine any cause pending in such court, when
the other Judges present are legally disqualified to
act on the trial Of such cause.
%. In case any Judge oil me supreme oo,,
shall be unable to attend any term OF the county
court in his Judicial circuit, by reason Of sickness
absence or other cause, by reason of interests or
otherwise is disqualified to act in the trial OF any
cause pending in such court, any other judge OF the
supreme court may preside in such county court
during such term or on the trial of any such
cause. 49,
30. The supreme or county court shall have
! mower to appoint commissioners TO take and report
TO the court the accounts of any executor, admins
traitor or guardian in case appealed from the de-
| cision of probate court; and any commissioner
so appointed, may administer all necessary oaths
| on the examination of such accounts and such re-
port shall be subject to the opinion OF the COURT up
on the facts therein exhibited ,
81. All wrts, processes, declarations, indict
ments, pleas, answers, and entries in the several
courts of Justice in this state shall be in the English
language, except technical terms l.
81. When judgment shall be rendered by de-
f,nIt or on demurrer in any court, the judges o
the court shall have full power by themselves res Dy
norf. on oath, of anv person appointed as an in
quest by the court to ascertain the sum due l..
49, Ir any person shall cause process 10 Az; %
| tharf for n matter cause, ana ulS