reglab/housing_qa huggingface dataset:
12 V.S.A. § 5135
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 178 - Orders Against Stalking or Sexual Assault|§ 5135. Service

§ 5135. Service|(a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.(b) A defendant who attends a hearing held under section 5133 or 5134 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. However, even when the court has previously notified the defendant of the order, the court shall transmit the order for additional service by a law enforcement agency.(c) Orders against stalking or sexual assault shall be served by the law enforcement agency at the earliest possible time and shall take precedence over other summonses and orders, with the exception of abuse prevention orders issued pursuant to 15 V.S.A. chapter 21. Orders shall be served in a manner calculated to ensure the safety of the plaintiff. Methods of service which include advance notification to the defendant shall not be used. The person making service shall file a return of service with the court stating the date, time, and place that the order was delivered personally to the defendant.(d) If service of a notice of hearing issued under section 5133 or 5134 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2013, No. 17, § 3; 2013, No. 17, § 4, eff. Nov. 1, 2013.)
12 V.S.A. § 5136
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 178 - Orders Against Stalking or Sexual Assault|§ 5136. Procedure

§ 5136. Procedure|(a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies.(b) The Court Administrator is authorized to contract with public or private agencies to assist plaintiffs to seek relief and to gain access to Superior Court. Law enforcement agencies shall assist in carrying out the intent of this section.(c) The Office of the Court Administrator shall ensure that the Superior Court has procedures in place so that the contents of orders and pendency of other proceedings can be known to all courts for cases in which an order against stalking or sexual assault proceeding is related to a criminal proceeding.(d) Unless otherwise ordered by the court, an order issued pursuant to sections 5133 and 5134 of this title shall not be stayed pending an appeal. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2009, No. 154 (Adj. Sess.), § 82; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 17, § 7.)
12 V.S.A. § 5137
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 178 - Orders Against Stalking or Sexual Assault|§ 5137. Filing orders with law enforcement personnel; Department of Public Safety protection order database

§ 5137. Filing orders with law enforcement personnel; Department of Public Safety protection order database|(a) Police departments, sheriff's departments, and State Police district offices shall establish procedures for filing notice against stalking or sexual assault orders issued under this chapter and for making their personnel aware of the existence and contents of such orders.(b) Any court in this State that issues a notice against a stalking or sexual assault order under this chapter shall transmit a copy of the order to the Department of Public Safety's protection order database. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
12 V.S.A. § 5138
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 178 - Orders Against Stalking or Sexual Assault|§ 5138. Enforcement

§ 5138. Enforcement|(a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order of this State. Law enforcement officers may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.(b) In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State's Attorney in the Criminal or Civil Division of the Superior Court in the unit or county in which the violation occurred. The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a protection order after such initial adjudication. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
12 V.S.A. § 5161
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5161. Who may have partition

§ 5161. Who may have partition|A person having or holding real estate with others, as joint tenants, tenants in common, or coparceners, may have partition thereof.
12 V.S.A. § 5162
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5162. Partition of a spring

§ 5162. Partition of a spring|There may be partition of real estate containing a spring, and of the right to use the water of such spring, in the same manner as other real estate. The commissioners shall equitably apportion the use of such water and the manner of its use.
12 V.S.A. § 5163
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5163. Complaint and summons; venue

§ 5163. Complaint and summons; venue|A person designated in section 5161 of this title may, by serving a complaint and summons on all persons interested in the estate, bring an action to partition the real estate in the Superior Court of the county where the real estate or any part thereof is situated. The complaint shall state the title by which the real estate is held, the names of the several owners, as far as known, and a particular description of the premises. (Amended 1971, No. 185 (Adj. Sess.), § 149, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
12 V.S.A. § 5169
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5169. Judgment for plaintiff; commissioners; waiver

§ 5169. Judgment for plaintiff; commissioners; waiver|(a) When the issue is determined in favor of the plaintiff, or if the person interested defaults, the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners. The commissioners shall make partition of the estate and set off each share of the several persons interested, according to their respective titles, and shall award to the plaintiff reasonable costs against the adverse party.(b) Notwithstanding subsection (a) of this section, the parties may, with the approval of the court, waive the use of commissioners and have all matters decided by the court at a bench trial. (Amended 1971, No. 185 (Adj. Sess.), § 150, eff. March 29, 1972; 2019, No. 40, § 2.)
12 V.S.A. § 5170
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5170. When defendant prevails in whole or in part

§ 5170. When defendant prevails in whole or in part|When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he or she holds a smaller share than alleged in his or her complaint, the adverse party shall recover against him or her reasonable costs. If the plaintiff holds a smaller share than claimed in his or her complaint, the judgment shall be that partition of the estate be made according to the title of the respective owners. (Amended 1971, No. 185 (Adj. Sess.), § 151, eff. March 29, 1972.)
12 V.S.A. § 5171
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5171. Notice by commissioners; oath; partition

§ 5171. Notice by commissioners; oath; partition|The commissioners shall give notice to each party interested or to his or her agent or attorney of the time when they will make such partition. Such commissioners shall be sworn and shall make partition of the estate by dividing and setting out to each owner his or her share thereof by metes and bounds.
12 V.S.A. § 5172
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5172. Report; judgment

§ 5172. Report; judgment|Having made partition, the commissioners shall make return to the court of their doings, with a description of each portion of the estate set off, and a certificate of their having been sworn. Unless cause is shown, such report shall be accepted by the court and judgment rendered thereon.
12 V.S.A. § 5173
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5173. Recording of report and judgment; effect

§ 5173. Recording of report and judgment; effect|A certified copy of the report of the commissioners, with the judgment of the court accepting the same thereon, shall be recorded in the office where by law a deed of such estate is required to be recorded, and, when so recorded, shall give such owner his or her share of the estate so set off in severalty.
12 V.S.A. § 5174
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5174. Assignment or sale of estate- assignment to party

§ 5174. Assignment or sale of estate- assignment to party|When it appears that the real estate, or a portion thereof, cannot be divided without great inconvenience to the parties interested, the court may order it assigned to one of the parties, provided he or she pays to the other party such sum of money, at such times and in such manner as the commissioners judge equitable.
12 V.S.A. § 5175
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5175. Sale, when ordered

§ 5175. Sale, when ordered|In case one of the parties interested will not take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or private sale.
12 V.S.A. § 5176
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5176. Sale and conveyance

§ 5176. Sale and conveyance|The commissioners shall sell the estate agreeably to the order and execute conveyances to the purchaser thereof, which shall be a complete bar against the owners and persons claiming under them. (Amended 1971, No. 185 (Adj. Sess.), § 152, eff. March 29, 1972.)
12 V.S.A. § 5177
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5177. Disposal of proceeds

§ 5177. Disposal of proceeds|The commissioners shall pay the proceeds of the sale to the several parties interested or their representatives, as the court directs, first deducting such sum as is allowed by the court for the plaintiff's costs, which shall be paid the plaintiff. (Amended 1971, No. 185 (Adj. Sess.), § 153, eff. March 29, 1972.)
12 V.S.A. § 5178
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5178. New partition- when ordered

§ 5178. New partition- when ordered|When an owner of a share in the estate who is not an inhabitant of the State at the commencement of the action and has not been given personal notice of the action and thinks himself or herself aggrieved by the partition, he or she may within three years after the making of the order, bring a new action in the court which made the order of partition. Notice shall be given persons interested, in the same manner as directed in the original action. Upon sufficient cause being shown, the court may order a new partition thereof or make such other order as appears just. (Amended 1971, No. 185 (Adj. Sess.), § 154, eff. March 29, 1972.)
12 V.S.A. § 5179
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5179. How made

§ 5179. How made|When a new partition is ordered, more shall not be taken from any share or right than as such share or right is adjudged more than the proportion for which it was set off, estimating such estate as in the situation and at the time when it was first divided.
12 V.S.A. § 5180
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5180. Pay for improvements

§ 5180. Pay for improvements|When improvements have been made after the first partition on the share which it set off by such new partition, the party who made such improvements shall have reasonable satisfaction from the owner to whose share the same is added, to be estimated by the commissioners making such new partition, and the court may issue execution therefor.
12 V.S.A. § 5181
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5181. Fees of commissioners- how fixed and paid

§ 5181. Fees of commissioners- how fixed and paid|When partition is made of real estate under this chapter, the commissioners shall be allowed such sum for their services and expenses as the court judges reasonable, which shall be paid by the parties as directed by the court. The costs allowed the plaintiff shall be paid by the owners of the estate in proportion to their respective rights therein. (Amended 1971, No. 185 (Adj. Sess.), § 155, eff. March 29, 1972; 1975, No. 191 (Adj. Sess.).)
12 V.S.A. § 5182
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5182. Party's share sold if he or she does not pay

§ 5182. Party's share sold if he or she does not pay|When any such owner does not pay his or her proportion of such costs, the court shall direct so much of his or her share of the estate to be sold at public auction as is sufficient to pay the same, with costs of sale.
12 V.S.A. § 5183
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5183. Conveyance on sale

§ 5183. Conveyance on sale|On such sale, the commissioners shall execute conveyances to the purchaser, who shall hold such estate by virtue thereof against such owner or persons claiming under him or her.
12 V.S.A. § 5184
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5184. Purchase by or for commissioners prohibited

§ 5184. Purchase by or for commissioners prohibited|A commissioner, or other person in trust for him or her, shall not become a purchaser at a sale under this chapter.
12 V.S.A. § 5185
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5185. Conveyance before service of complaint

§ 5185. Conveyance before service of complaint|A partition of real estate made under this chapter shall not be avoided in consequence of a conveyance by an owner of a part of the estate of his or her interest therein executed prior to the service of the summons and complaint, unless it appears that the plaintiff had knowledge of the conveyance or that it was recorded according to law at the time the complaint was served or notice given as hereinbefore provided. (Amended 1971, No. 185 (Adj. Sess.), § 156, eff. March 29, 1972.)
12 V.S.A. § 5186
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5186. Shares set off shall inure to use of owner

§ 5186. Shares set off shall inure to use of owner|In making such partition, if a share or right in the estate is set off or assigned to a person other than the legal owner, such share shall inure to the use and benefit of the legal owner, his or her heirs and assigns, as though the same had been set off or assigned to him or her.
12 V.S.A. § 5187
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5187. Commissioner disqualified, others may act

§ 5187. Commissioner disqualified, others may act|When a commissioner appointed under this chapter dies, becomes unable to perform his or her duties due to a mental condition or psychiatric disability, removes from the State, or becomes otherwise disqualified to act, the survivors may exercise the powers granted to the whole number. (Amended 2013, No. 96 (Adj. Sess.), § 49.)
12 V.S.A. § 5188
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 179 - Partition of Real Estate|§ 5188. Death or nonjoinder of part owner

§ 5188. Death or nonjoinder of part owner|An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not named in the complaint. In the event of the death of an owner or person interested in the estate, that owner's right or share shall be set off to his or her legal representatives. If all the parties interested in the estate are not named in the complaint, every such party not named in the complaint shall have his or her name entered therein and his or her right or share set off and allotted to him or her in proportion to his or her interest in the estate. (Amended 1971, No. 185 (Adj. Sess.), § 157, eff. March 29, 1972.)
12 V.S.A. § 5241
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5241. Bonds chancered; assessment of damages

§ 5241. Bonds chancered; assessment of damages|In actions brought to recover the forfeiture annexed to any articles of agreement, covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party, or other specialty given or taken in a civil matter, when the forfeiture, breach, or nonperformance appears by the trial of an issue of fact, by the default or confession of the defendant or upon demurrer, the court in which the action is pending may render judgment for the plaintiff to recover so much as is equitably due. When the sum for which judgment ought to be rendered is uncertain, on the request of either party, the same shall be assessed by a jury.
12 V.S.A. § 5242
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5242. Damages assessed on breaches assigned

§ 5242. Damages assessed on breaches assigned|In actions on bond or for a penal sum for the nonperformance of covenants or agreements contained in a condition, indenture, deed, or writing, the plaintiff may assign as many breaches as he or she chooses. Damages shall be assessed for such breaches as he or she proves and judgment rendered for the whole penalty, and execution shall issue for so much only as is found in damages, with costs.
12 V.S.A. § 5243
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5243. Damages in case of default

§ 5243. Damages in case of default|When in an action designated in section 5242 of this title there is judgment for the plaintiff on a motion to dismiss or for summary judgment, default, or confession, the plaintiff may recover for as many breaches as he or she has pleaded the truth whereof shall be found. The damages shall be assessed and execution shall issue for those damages only with costs. (Amended 1971, No. 185 (Adj. Sess.), § 158, eff. March 29, 1972.)
12 V.S.A. § 5244
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5244. Action on judgment for other breaches

§ 5244. Action on judgment for other breaches|The judgment shall remain as a security to the plaintiff or his or her representatives for any other breaches which he or she afterward proves. From time to time he or she may bring an action on the judgment against the defendant or his or her representatives and assign other breaches. Thereupon damages shall be assessed and execution shall issue for the same, with costs. (Amended 1971, No. 185 (Adj. Sess.), § 159, eff. March 29, 1972.)
12 V.S.A. § 5245
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5245. Action on judgment in Supreme Court

§ 5245. Action on judgment in Supreme Court|When in an action designated in section 5242 of this title judgment is rendered for the penalty in the Supreme Court, the action may be brought in the Superior Court in the same county in which the original judgment was rendered. (Amended 1971, No. 185 (Adj. Sess.), § 160, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
12 V.S.A. § 5246
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5246. Bond of sheriff and high bailiff- action by a creditor after execution returned unsatisfied

§ 5246. Bond of sheriff and high bailiff- action by a creditor after execution returned unsatisfied|When judgment is rendered against a sheriff or high bailiff for official misconduct, neglect, or default and execution on the judgment is returned unsatisfied or the defendant is committed to jail thereon, the creditor in the execution may bring an action, in his or her own name and right, on the recognizance or bond entered into by the sheriff or high bailiff and his or her sureties for the faithful performance of the duties of his or her office in the Superior Court of the county where the recognizance or bond was taken. (Amended 1971, No. 185 (Adj. Sess.), § 161, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
12 V.S.A. § 5247
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5247. Judgment

§ 5247. Judgment|Unless cause is shown to the contrary on the trial of the action, the court shall render judgment against the sheriff or high bailiff and his or her sureties, in favor of the creditor, for the amount of the execution and charges thereon with interest and costs. (Amended 1971, No. 185 (Adj. Sess.), § 162, eff. March 29, 1972.)
12 V.S.A. § 5248
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 181 - Penal Bonds|§ 5248. Defense by defendant and sureties

§ 5248. Defense by defendant and sureties|The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default and the creditor brings an action under section 5246 of this title, the sureties may make any defense which the principal might have made in the original action. (Amended 1971, No. 185 (Adj. Sess.), § 163, eff. March 29, 1972.)