The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1840-01-14
REV is ED s It A It U T T. 8
CHAPTER Concluded.
p r O CE s s


legally made thereon aforesaid, the piantlif may
within one year aud not after, from the tlme OF
rendering the judgment, being ms writ OF sc're
facias against such surety, and unless tne surety
shall surrender tho body of the principal into court
or show his death, before judgment, on the scire
facas and pay the costs upon the sclre iacas, the
court shall (uness just cause be shown to the con-
irary,) render judgment against such surety Tor the
amount of the damages and costs in the Original
action, with tho costs on the scirc facas. If IN
such case the judgment shall have been rendered
by justice, and such justice shall have died or be
out Of Office, the scire lacas may be commenced
and tried before some other Justice l..- ..,... .
20. IT The principal is surrendered into court as
provided in the preceding section, the court shall
direct officer receive the principal into cusio.
dy and detan him for such time as the court shall
direct, not exceeding twenty days, that his body
may be taken in execution. .... ..... .,al..... .
80. The surety on mesne process may deliver
the principal into court, before or during the term
at which final Judgment shall be rendered on such
process, ia discharge of himself IL -.-,,,
~, 81, When any principal shall be so delivered
into court by the surety, the court shall, unless
such princp pal procure Sufficient surety ioI his ap-
pearance, order him 10 be committed to Jail, and
such commitment shall be deemed commitment
on the original writ. ...t . D..
SO. Tie officer, serving a wit of attachment
and taking surety is herein before provided, shall
be answerable to the plaintiff for all damages oc'
casoned by the insuficency of such surety, unless
he shall on trial make it appear that, at the time of
taking such surety the same was amply sufficient;
and no suit shall be prosecuted against any officer
other person taking BAH as aforesaid, Wnen INC
bail shall be sufficient.
SO When any surety shall have endorsed
writ of attachment as ball. the officer serving such
writ shall deliver to such surety bail piece In the
form prescribed by law and when the surety shall
have to take the body of the principal, to
surrender him in court in discharge of his bail,
either the original process or upon scire tacas,
or to secure linn until the session of the court in
which he may be surrendered as aforesaid, such
bail piece shall be sufficient evidence to entite
such surety to warrant from anyDustice totake the
FL body of The principal.
81 And such Justice, application tor that
purpose, shall issue warrant in due form of law,
directed to any sheriff or constable IN tins state,
81 commanding him assist such surety in appre-
bending the body of such principal and it shall be
the duty of the officer, experimenting such prncl'
pal, to commit him 10 Jail either IN the county in
which he was arrested on the original process, or
in which such process is pending, agreeaby TO the
direc ton in the warrant. -
S. Ii shall be lawful at all times for such
~ to commit the principal to JAIL so that he may
be delivered in court in discharge of his bail.
36. When such principal shall be committed 10
Jail on any warrant issued as aforesaid he shalt be
considered comm tted on the original writ OF at
tachment, il the same shall be then pending.
81. If, on the return Of the scire acias issued
against any surety as aforesaid, the surety shall
show to the court, that at the time OF making the
return of non est inventus on mo execution, the
principal had become insane, or vas ac'uaiiy con
fined in any state prison for a criminal offence, 1t
shall be sufficient cause why judgment should not
be rendered against such surety
said shall be aba;ed, or judgment shall be render
ed thereon 10 favor Of the defendant on demurrer,
the plaintiff may sue out announcer sc're iuc' a. any
time within six months from Inc rehaer'"S u such
Judgment and not after.
SO No person. after tho setting of the sun on
the day preceding the first day OF the week, unii'
after the hour of twelve at night on such hrst day
of the week, shall serve or execute any WRIT pro-
cess warrant or decree-- Except escape warrants,
and warrants Tor apprehendins the principal IN la.
vor of bail and in cases Of treason, felony and
breaches of the peace but the service thereol
sha II be null and void in every respect
40 The supreme and county courts, respec'
lively, may issue execution in due form OF law on
every final judgment rendered by sich couf',Wn'ch
shall be made returna5le within sixty days from
the date thereof, at the next term or snch court
Gf not less than sixty days) or at the election OF
the party. :,
rendered by either of the courts aforesaid, anti "a
hours after the rising of the court unless by spec
ial permission of said court
42. The name of an attorney OF record lot me
plaintiff a nd for the defendant, ifany, shall be en-
dorsed on the back Of every such execution, by
the officer signing the same
43 1.-THE writ and declaration in any acton
Dendinp in the supreme or county court shalt be
lost, mslad or destroyed, such conrt, on II written
motion for that purpose may order II declaration
TO be filed in such action, under such regulations
as such cour; shall prescribe, ard the same pro-
ceedings shall be had on such declaration as t'ioug
it was the original wnt and decIaratonlin such ac-
ton, but if the plaintiff refuse to HE declaration
in such action, and tax costs for the defend
ant.
A.. If real or personal estate shall have been
attached any writ so lost, mlsald. or destroyed
the plaintiff NAV secure certified copy OF such
writ, declaraton and officers return thereon, from
the town clerk in the town in which such estate
was attached and the same TO be held IN
such court, and the same proceedings shall be
had the certified copy, and the estate so attach
ed shall be held respond the 10 Judgment in sucf
action. in the same manner as though the origl
nal writ, declaration and return were in court.
As. 1t shalt be the duty of the clerk OF suci
court to make a record of all such written motions
and orders OF the court, and he shall receive suci
compensation therefor as the court shall direct, Il
be paid by the party making such motion.
46 When any goods or chatels are attached
mesne process, whether on one or more wrIts
and the debtors and the attaching creditors shall
consent in writing to the sale thereof, the atactn
officer shall sell the same, in she prescribed
by law for selling the like property execution
and the proceeds of the sale, after deductng til
necessary charges thereof, shall be held by the OF