The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-12-05
LAWS OF VERMONT; A. d. 1857

No. IAN ACT Relating to tfe Judiciary.
1t is hereby enacted by the Gen''rnl .issena-
lily Of the Stote Of Vermont, as. t"ltows:
SEC. l. The Supreme Court of this State
: shall hereafter consist of one Chief Judge and
, five Assistant Judges, to be be appointed in
. the manner now provided by the Constitution
of the State.
SEC. ,. 1t shall be the duty of the Judges
Of said Court. or majority of them. as soon
| as practicable after their appointment. to de-
. signate four Of their number whose duty shall
he to attend the sessions of the Supreme
Court in the several Counties to which they
shall hatc been assigned for the ensuing year.
SEC. ). If any one of the Judges. so as
signed, shall be legally disqualified to act. in
the decision of any cause, pending in said Su-
prcmc Court in any County to which he shall
have been a>. Enet, or ,hall be detained from
Court by sickness or any unavoidable acc-
dent or necessity, the three remaining Judges
so assigned. shall have power TO try and de-
termine such cause. or NAV hold the Court
for such term: but when three Judges only
are present at any term Of the Supreme Court
no cause shall be decided, unless the three
Judges who try the same shall concur in the
decision.
SEC. i. 1t shall be competent for any 9TH
) er Judge or Judges to sit at banc at any term
of the Supreme Court in anv County to which
he NAV not have been assigned: and when
it shall happen that any one of the four Judg-
cS SO assigned to hold the Court in anv one
> County. shall he unable to attend the term
bv reason of sickness or otherwise. it shall be
the duty of the Judges Of said Supreme Court.
to supply his place by the attendance of some
other Judge.
SIC. ). In addition to the several scs-
sions of the Supreme Court herein provided.
there shall be annually two general terms of
the Supreme Court. one for the Counties of
Remington. Rutland. Addison. Chittenden.
Franklin. Grand Isle. and I:amrillc. and one
: for tic Counties of Windham. Windsor. Or
angc. Washington. Caledonia. Orleans and
Essex. at such time. and in such County. as
said Supreme Court shall direct.
SIC. 6. 1t shall he the duty of all the
Judges OF the Suprrmc Court 10 att md such
general terms. and they shall at such terms
proceed to hear. try and determine all bu>i-
ness and suits which may have been ,cft un-
finished a, the proceeding term of said Court
in any one of the Counties for which said
general term is holden. and all such causes
n the Judges or majority of them who shall
have held such proceeding term in any OF
said Counties. shall direct to be re-argucd at
) such general term: bu, no case heard and
tried at such gcneralt term shall be determined
!, unless Il majority of all the Judges of the Su-
prcme Cour, shall concur in the decision.
SIC. :. In eases heard and tried at any
of the terms OF the Supreme Court in any
, County. and reserved hy the Judges for adj
vi>cmcnt Judgment may be entered up at the
general term holden for such County
SIC. :. The Clerk of the Supreme Court
term Of said Court holden for such County
with all the papers in his possession relating
| TO any cause to be heard and tried at such
general terms provided that TO such clerk
shall be required to attend such general term
unless some cause shall be continued thereto
l from the County in which he is Clerk
SIC. 9. No Judge shall 81, a. the trial o.
an, cause in BANG. which he shall have prc>i-
ou>l ly tried at ni>i j'tius.
SIC. 10. Each Judge of the Supreme
Court shall he a Chancellor. and shall have
and exercise for. and throughout the State
all the jurisdiction and power which now are
or hereafter shall be vested in a Court OF
Chancery.
Sic. II. AL the judicial powers and du-
, ties. both in la~ and in equity. which appcr-
>pcctivc circuits. under an Act entitled. An
Act rcating.t 70 the Judiciary" approved tn.
18th day of November. l>4?, shall hereafter
vest in and be incumbent upon the Judges OF
the Supreme Court in the respective Coun,
ties. to which they may at any time be as
signed to act, in pursuance of the provision
hereinafter made.
SEC l2 1t shall be the duty of the
. Judges Of the Supreme Court, previous to
the session Of the Court of Chancery or the
County Court within and for any County. to
assign one of the Judges of the Supreme
, Court. to hold SAID Court of Chancerv. who
, shall have power to hear and determine all
causes and matters pending therein. and also
Court but in case of the inability of the
. Judge who shall have been assigned to hold
, or of the failure of the Judges of the Supreme
Court to make assignment of anv one of her
number. to hold the County Court and the
Court Of Chancerv in any one County in due
! season. any one Judge of the Supreme Cour,
NAV perform and discharge the said duties
the same as if he had been duly assigned tc
hold said Court in such County.
SEC 13 The stated terms of the Supreme
t Court i'll the several Counties in this State
shall be hereafter held as follows:
In the County of Chittcnden on the first
Tuesday in January.
In the County of Franklin on the first Mon
c day after the second Tuesday in January.
In the County of Grand Isle on the frs
Friday after the third Tuesday in January
). In the County of addison ON the first Mon
4; day after the third Tuesday in January.
In the County of Rutland on the first Mon
day after the fourth Tuesday in January.
In the County of Bennington on the secont
| Tuesday next after the fourth Tuesday il
January.
In the county of Windham on the first
Monday following the second Tuesday mex
after the fourth Tuesday in January
: In the County of Windsor on the fourth
Tuesday next after the fourth Tuesday il
January.
In the County of Orange on the sixth
Tuesday next after the fourth Tuesday il
January.
In the County of Washington on the sec
ond Tuesday in August.
In the County of Lamoille on the third
Tuesday in August
S In the County of Orleans on the first Thurs
day next after the third Tuesday in August.
In the County of Essex on the fourth Tues
dav in August