Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1881-01-05

preme court petitoning that the trial OF such re-
spondent may be removed to and had in another
county
SEC. ?. II such respondent has given bail and is
at liberty at the time the application for removal
IS made the Judge to whom the application is pre-
ferred II in his opinion the same is proper TO be
granted, shall before making the order OF removal,
be apprehended and committed to the Jail OF the
county in which the prosecution is pending, Upon |
the commitment OF such respondent the bail shall
be discharged, if such commitment is made previ-
to the term of the court which such respond
ent was recognized to appear.
SEC. }. When the respondent is in custody at /
the time the application is made, or when, having |
been at liberty, he has been apprehended and COM
mitted as provided in section two, the Judge to |
whom the application is preferred may in his dis, /
erection, by order in writing direct that the trial
Of such person be removed to and had in some |
other county named, and such order shall be hled
with the clerk of the county court of the county in
which such respondent was indicted or informed
against.
SEC. 4. The Judge making the order of removal
may if the offense charged is bailabe, take rec
ognzance with sufficient surety of such respondent,
conditioned for the personal appearance OF such re-
spondent before the court in which his trial is or
dered to be had.
SEC. s. If the respondent is in custody, from
failure to find the required bonds otherwise, or if
the ofense is not bailabe, or if having entered into
recognizance to appear he is again apprehended
and committed at the request Of his bail, the judge
making the order of removal shall previous to the
next term of the court in which the respondent is
ordered to be tired, issue order in writing to the
sheriff of the county in which such respondent IS
confined commanding him to deliver such respond
ent to the keeper of the Jail in the county in which
the trial is ordered to be had.
SEC. 6. 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 to
the clerk Of the county court in the county in which
such respondent was indicted or informed against.
SEC 7. Such clerk upon receiving such order
and return shall forthwith transmit the same to-
gether with the other papers in the case, including
the order 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 Jurs,
diction Of the case and the same proceedings shall
be had therein, as though such ofense had been
comted in said county.
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
shall have the same powers and duties and be sub
ject to the liabilities though such trial were
had in the county for which he is attorney
SEC. 3. Section one of number one of the acts OF
the special session of 1865 is hereby repealed.
SEC. 10. This act shall take effect from its pas
sage.
Approved December 9, 1880.
No73.-An Act in amendment of number sixty-four
of the acts of 1876, relating to appeals from JUS
tees Of the peace
Ii is hereby enacted, etc.
SEC. I. An appeal from the judgment OF jus
tice in civil cause, TO the county court, may be
after the rend ton thereof but no appeal shall be
allowed in the following cases
l. When judgment is rendered by nonsuit or de-
fault.
IL. In actions on notes AMI accounts stated, not
exceeding forty dollars in amount; but an appeal
shall be allowed party IN an action on note or &C
count stated, when the AT daMHnn exceeds twenty
dollars who makes affidavit before the court setting
forth that he has good d License.
IT, When neither the aa aamnnm in the plain
tiff S writ, nor the sum demanded by the deciara
ton, the amount claimed or balance due as
shown by the specifications or exhibits OF the plain
tiff on trial exceed twenty dollars excepting ACTIONS
by one town against another for the support of pau
pers, actions for fine or penalty, actions OF trespas
the freehold, actions where the defendant pleads
in offset, in good faith, demands exceeding twenty
dollars actions where the defendant, in good faith
pleads the authority of court civil or military, IT
excuse or justification; actions where the defend
AM; in good faith, pleads in justification
that he was acting as public officer actions where
tax tax-bl warrant is, in good faith, put
in issue by the pleadngs or by the proof; action:
for the recovery of a subscription to the capita
stock of corporation.
SEC. 2. No judgment of justice in cases where
an appeal is not allowed shall be an estoppel upor
any question matters not therein expressly adju
dictated, and right of recovery shall thereby bt
established upon any collateral matter.
SEC. 8. No appeal shall be allowed in crimina
where the respondent is acquitted but thu
respondent may appeal from any judgment or sen
fence of justice against him if the appeal il
claimed within two hours after the rendition o
judgment
SEC. 4. Number sxty-four of the of 1876
and section sxty-three of chapter thirty-two OF tn
General Statutes relating to appeals from justice
Of the peace are hereby repealed
Approved Dec IS, 1880.
No. 24.-An act . amend section two of act en-
titled An act rei.:t@g, = ,t-r expenses and
or m,na prosecutions approved November a
1t is hereby enacted, ETC.:
SEC. I. That so much of section two of an &C
entitled "An act relating to court expenses and t
criminal prosecutions" approved November a
1873 as equires the person asking for special au
thorization to serve process to verify his staemen
by oath is hereby repealed.
SEC a. This act shall take effect from its pas
sage.
Approved October 20, 1880.
No. as. An Act regulating the services of sub
prnas.
1, is hereby enacted, etc
SEC. /. Subppnas summoning any person
appear and testify in any cause or matter pendin
in any court in this state, or before auditors, refer
ees arbitrators commissioners, may be legal
served, by reading the same in the hearing OF tn
person so summoned, or by delivering to such per
son an attested copy of such subpGnas, and tender
ing to him in civil causes so much money for hi
travel and days attendance as is or shall b
allowed by law, and when served by copy the Off
Ger making such service shall be allowed ten cent
for each copy instead OF six cents now allowed 70
SEC This act shall take effect from its pas
sage.
Approved Nov 3, 1880.
No z6.-An act relating to grand and petit juror:
1t is hereby enacted, etc.
SEC. I. Sections eghty-nnc and ninety of chap
ter fifteen and sections five and six of chapter thir
ty-seven of the General Statutes are hereby re
pealed.
SEC 2. Members of the board of civil authort
present at an annual town meeting, shall nominal
to the meeting such number of persons for gran
and petit jurors, to attend the county court for tn
year ensuing, as they judge will be the proportio
Of the town. and they shall be chosen by the town
and the town clerk shall, within five days there
after, return such names by mail, with the post OF
fee address of each person. to the clerk OF the coun
ty, who shall write the name of each person S
chosen and returned on a separate piece of pape
and put them into boxes to be kept in his office
keeping the names from each town in a separat
box and the county clerk shall write such name
upon pieces of paper of uniform size.
SEC. g. The sheriff, or his deputy, at least fftee
days before the session of any county court SHALL
the Office and in the presence of the clerk of tn
county draw out of the boxes containing the namt
of the persons nominated by the authority of tn
towns and returned to the county clerk, to serve a
grand or petit jurors, as the case may be, the nun
Der of names required TO be summoned from tn
towns respectively, and the county clerk shall issu
a venre commanding such officer to summon III
persons so drawn.
SEC. a. Such officer shall summon the persons S
drawn, not less than ten nor more than twent
days before the term Of such court, by summon
sent by mail, notifying them respectively of thei
being drawn to serve jurors and the office
shall be allowed for such service the sum of tw
dollars, and reasonable sum for necessary postag
and blank notices.
SEC. s. This act shall take effect on the frs
Tuesday OF March, 1881.
Approved November 70, 1880.
No. a7.--An Act making the records of the sigma
service department of the United States evdenc