St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1881-01-07

No. 92-An act relating to change of venue in Grim
inal causes.
IL Is hereby enacted, etc:
sec. /. When person IL under information OF In
dlctment for an otfense punishable by death or i'm
prlsonment In the State Prison the respondent o.
the states Attorney Of the county where the prose
cutlon Is pending may apply to Judge of the 81
pIeme court petltoning that the trial OF such re
spondent may be removed TO and had in anothe
county.
Sec: 3. II such respondent has given bail and is a
liberty at the time the application for q removal 1
made the Judge 10 whom the application is prefer
ed sha h hs INC same y TO DC grant
warrant commanding that such respondent be ap
prehended and committed to the Jail OF the count,
IN which the prosecution is pending. Upon thi
commitment OF such respondent the bail shall b,
discharged, II such commitment Ia made previous
TO the term OF the court at which such respondent
was recognized TO appear.
Sec. 3. When the respondent is In custody at the
time the application is made, or when having been
at liberty, he has been apprehended and committed
a. provided In section two the judge 10 whom the
application Is preferred may In his discretion, by
an order In writing direct that the trial of such per
son be removed to and had IN some other county
named. and such order shall be fled with the
clerk OF the county court OF the county In which
such respondent was indicted or Informed against.
Sec. Z. The Judge making the order OF removal
may II the ohense charged Is bailable, take REQ
ognlzance with SUFFICIENT surety OF such respond
ent, conditioned for the personal appearance OF
such respondent before the court In which his trial
10 ordered 10 be had.
Sec. s. II the respondent is in custody, from
failure TO find the required bonds or otherwise, or
II the ohense is not bailable or II having entered
INTO recognizance to appear he is again apprehend-
ed and committed at the request OF his ball. the
Judge making the order OF removal shall previous
to the next term OF the court III which the respond
emit ID ordered TO be tried issue order In writing
to the sheriff OF the county In which such respond
ent ID confined, commanding him TO deliver such
respondent to the Keeper Of the jail In the county
In which the trial Is ordered to be had.
Sec. 9. Such sheriff shall forthwith remove and
deliver such respondent as directed In the order,
and shall leave copy OF the order with his return
thereon with the keeper of the jail to which the re-
spondent Is committed; and he shall return the
original order with his dongs Endorsed thereon 10
the clerk OF the county court IN the county In which
such respondent was indicted or informed against.
return shall forthwith transmit the same together
with the other papers in the case including the Or
der OF removal to the clerk of the county court in
the county In which the trial is ordered to be had
and thereupon said court shall have Jurisdiction OF
the case, and the same proceedings shall DO had
therein, as though such offense had been commit
ted In said county,
Sec s. The States Attorney of the county in
which the respondent was indicted or informed
against shall appear In behalf OF the State at the
trial OF such respondent TO whatever county re-
moved and In all proceedings relating to such trial
snail have the Same powers aud duties and be sub
ect to the same liabilities as though such trial were
had IN the county for which he Is attorney.
Sec. ., Section one OF number one OF the acts of
tho special session OF 1865 Is hereby repealed
Sec 10. This act shall take effect from its pas
sage.
Approved Dec. 3, 1850.
No. SAN Act in amendment OF number sixty
four OF the acts OF 1876 relating to appeals from
justices of the peace.
1t Ia hereby enacted, etc:
Sec l. An appeal from the Judgment of JUS
tice In civil cause, to tho county court, may be
taken by either party. If claimed within two hours
after the rendition thereof but no appeal shall be
allowed In the following cases:
l. When judgment is rendered by nonsuit or de-
fault.
ii. In actions on notes and accounts stated, not
exceeding forty dollars In amount but an appeal
shall be allowed party in an action on nste or ac-
count stated, when the ad ddmnum exceeds twenty
dollars, who makes affidavit before the court set
ting forth that he has good defence,
Ill. When neither the ad ddnlnuni In the plain
tln's writ nor the sum demanded by the decara-
ton, nor the amount claimed or balance due US
shown by the specifications or exhibits of the plain