reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4989. Grantees may defend severally; jury trial

§ 4989. Grantees may defend severally; jury trial
When several grantees claim under the same grant, each may answer separately, denying the allegations in the complaint, or pleading performance of the conditions of the grant or asserting any equitable reason why the grant should not be forfeited. Issues of fact shall be tried by jury, and the jury may return a general or special verdict, except that issues raised by any equitable defense shall be determined by the presiding judge. (Amended 1971, No. 185 (Adj. Sess.), § 147, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4990. Judgment on default; proof required

§ 4990. Judgment on default; proof required
When the grantee does not answer or appear and sufficient facts are proved on hearing, the court may adjudge the grant forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 148, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4995. Copy of judgment transmitted to Secretary of State

§ 4995. Copy of judgment transmitted to Secretary of State
When final judgment has been rendered that a grant is forfeited, the clerk of the court within 30 days from the rendition thereof shall transmit to the Secretary of State a certified copy of such judgment to be recorded and kept in his or her office.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 173 - Forfeiture of Grants › § 4996. Writ of possession

§ 4996. Writ of possession
When judgment of forfeiture is thus rendered and transmitted, and the thing granted is capable of actual possession and occupancy, possession thereof may be obtained by the State or by a second grantee, by a writ of possession. Such writ shall be issued by the court rendering such judgment, on motion of the State’s Attorney or the second grantee, but only after reasonable notice of the motion has been given to the party in possession.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5051. Action against resident joint contractor

§ 5051. Action against resident joint contractor
When a bond, recognizance, bill, note, or other contract has been executed by two or more persons jointly and one or more of them reside out of the State, an action may be sustained thereon against the party residing in the State.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5053. Representative of deceased joint contractor

§ 5053. Representative of deceased joint contractor
When one of the several obligors or promisors jointly holden by a contract in writing dies, the representatives of such deceased person and the surviving obligors or promisors may be charged by virtue of such contract in the same manner as if it had been joint and several.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5054. Discharge of a joint contractor

§ 5054. Discharge of a joint contractor
A creditor having a debt or demand against a partnership or several joint obligors or promisors may discharge one or more of such partners, obligors, or promisors without impairing his or her right against the others as to the residue of his or her debt or demand.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5055. Action against joint contractor not discharged

§ 5055. Action against joint contractor not discharged
In such cases an action may be maintained against those not discharged, setting forth in the complaint that the contract was made with the defendants and the party discharged, and that such party has been discharged. Such discharge shall have the same effect as a payment by the party discharged, of his or her equal part of the debt, according to the number of debtors aside from sureties.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5056. Judgment against defendants found liable

§ 5056. Judgment against defendants found liable
In an action founded on contract, express or implied, or under chapter 161 of this title, in which more persons than one are defendants, the plaintiff may have judgment against such defendants as are defaulted and against those who upon trial are found liable, notwithstanding it is found that all the defendants are not jointly liable.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5059. Unsatisfied judgment not bar to further action

§ 5059. Unsatisfied judgment not bar to further action
The recovery of judgment against one or more of several obligors or promisors on a joint or joint and several contract, without satisfaction, shall not discharge the other obligors or promisors from their liability on such contract.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 175 - Joint Contracts › § 5060. Action for unpaid balance

§ 5060. Action for unpaid balance
When execution on a judgment obtained against a partnership, association, or company in its firm, associate, or company name is returned unsatisfied in whole or in part, an action of contract for the amount unpaid may be brought against any or all of the partners, associates, or shareholders upon their original liability, provided that only one such action shall be brought and maintained at the same time. If the execution issued in the last named action is returned unsatisfied in whole or in part, subsequent actions may in like manner be maintained for the amount unpaid.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 178 - Orders Against Stalking or Sexual Assault › § 5131. Definitions

§ 5131. Definitions
As used in this chapter:
(1)(A) “Course of conduct” means two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property. This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(B) As used in subdivision (A) of this subdivision (1), threaten shall not be construed to require an express or overt threat.
(2) [Repealed.]
(3) “Nonphysical contact” includes telephone calls, mail, e-mail, social media commentary or comment, or other electronic communication, fax, and written notes.
(4) “Reasonable person” means a reasonable person in the victim’s circumstances.
(5) “Sexually assaulted the plaintiff” means that the defendant engaged in conduct that meets elements of lewd and lascivious conduct as defined in 13 V.S.A. § 2601, lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, aggravated sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual performance as defined in 13 V.S.A. § 2822, or consenting to a sexual performance as defined in 13 V.S.A. § 2823, and that the plaintiff was the victim of the offense.
(6) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to:
(A) fear for his or her safety or the safety of a family member; or
(B) suffer substantial emotional distress as evidenced by:
(i) a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death; or
(ii) significant modifications in the person’s actions or routines, including moving from an established residence, changes to established daily routes to and from work that cause a serious disruption in the person’s life, changes to the person’s employment or work schedule, or the loss of a job or time from work.
(7) “Stay away” means to refrain from knowingly:
(A) initiating or maintaining a physical presence near the plaintiff;
(B) engaging in nonphysical contact with the plaintiff directly or indirectly; or
(C) engaging in nonphysical contact with the plaintiff through third parties who may or may not know of the order.
(8) [Repealed.] (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 2; 2015, No. 162 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 178 - Orders Against Stalking or Sexual Assault › § 5132. Jurisdiction and venue

§ 5132. Jurisdiction and venue
(a) The Superior Court shall have jurisdiction over proceedings under this chapter.
(b) Proceedings under this chapter may be commenced in the county in which the plaintiff resides. If the plaintiff has left his or her residence to avoid being stalked or sexually assaulted, the plaintiff shall have the option to bring an action in the county of the previous residence or the county of the new residence. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 178 - Orders Against Stalking or Sexual Assault › § 5134. Emergency relief

§ 5134. Emergency relief
(a) In accordance with the Vermont Rules of Civil Procedure, a person other than a family or household member as defined in 15 V.S.A. § 1101(2) may file a complaint for a temporary order against stalking or sexual assault. Such complaint shall be filed during regular court hours. The plaintiff shall submit an affidavit in support of the order. The court may issue a temporary order under this chapter ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has stalked or sexually assaulted the plaintiff. The court may order the defendant to stay away from the plaintiff or the plaintiff’s children, or both, and may make any other such order it deems necessary to protect the plaintiff or the plaintiff’s children, or both.
(b) Every order issued under this section shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge. Every order issued under this section shall state upon its face a date, time, and place that the defendant may appear to petition the court for modification or discharge of the order. This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days from the date of issuance of the order. At such hearings, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant stalked or sexually assaulted the plaintiff. If the court finds that the plaintiff has met his or her burden, it shall continue the order in effect and make such other orders as it deems necessary to protect the plaintiff or the plaintiff’s children, or both.
(c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.
(d) Every order issued under this chapter shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”
(e) Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.” (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 3; 2017, No. 11, § 23.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.
2023 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.).)
2023 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.
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 181 - Penal Bonds › § 5249. When the principal has removed from the State

§ 5249. When the principal has removed from the State
When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, an action founded in contract may be brought directly upon the recognizance or bond of the sheriff or high bailiff and his or her sureties by the party entitled thereto, without first bringing suit against the sheriff or high bailiff. In the action, the sureties may make any defense which their principal might have made if the action had been against him or her directly for the misconduct, neglect, or default. (Amended 1971, No. 185 (Adj. Sess.), § 164, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5321. When maintainable

§ 5321. When maintainable
If beasts are distrained or impounded to recover a penalty or forfeiture alleged to have been incurred by their going at large or to obtain satisfaction for damages alleged to have been done by them, the owner thereof may maintain an action of replevin therefor.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5322. Judgment for defendant

§ 5322. Judgment for defendant
When it appears upon the nonsuit of the plaintiff, or upon trial, that the beasts were lawfully taken or distrained, the defendant shall have judgment for such sum as is due from the plaintiff for the penalty or forfeiture or for the damages for which the beasts were impounded, with the legal fees and charges incurred by the distress, and the costs of the action of replevin.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5331. For what and where maintainable

§ 5331. For what and where maintainable
A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances:
(1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof.
(2) When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution.
(3) When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5332. Damages when replevin delays service of execution

§ 5332. Damages when replevin delays service of execution
If the goods, when replevied, were taken in execution or attached, and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by means of the replevin, the damages assessed for the defendant, upon judgment for a return, shall not be less than 12 percent annually, on the value of the goods, for such time as the service of the execution is so delayed.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5333. Service not delayed as to balance of execution; alias execution

§ 5333. Service not delayed as to balance of execution; alias execution
When the goods or chattels were taken in execution, the service thereof shall not be delayed as to any balance due thereon, after deducting the value of such goods or chattels, but the officer may execute the same, and the creditor may have an alias execution for such balance as if payment had been made thereon to the value of such goods or chattels. If judgment is rendered in favor of the plaintiff in replevin, the creditor may have an alias execution as if such goods or chattels had not been taken in execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5334. Sale of goods returned

§ 5334. Sale of goods returned
When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5335. Sums recovered by officer, how applied

§ 5335. Sums recovered by officer, how applied
Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as they will go:
(1) to pay the fees and charges of the officer and reasonable expenses of the action of replevin, and the action on the bond, so far as they are not reimbursed by the costs recovered;
(2) to pay to the creditor, at whose action the goods were attached or taken in execution, the sum, if any, recovered in that action, or so much thereof as remains unpaid, with 12 percent interest for such time as the money has been withheld from the creditor, or the service of his or her execution delayed by reason of the replevin;
(3) if the attaching creditor does not recover judgment in his or her action, or if a balance remains of the monies so recovered by the officer, after so paying what is due to the creditor, such balance, or the whole amount, shall be disposed of as any surplus would be if the same goods had been sold on execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5336. Attachment lien preserved

§ 5336. Attachment lien preserved
When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is rendered before the return of the goods or if the goods, when replevied, were seized and held on execution, they shall be held subject to the same attachment or seizure for 30 days after the return, in order that the execution may be served thereon or the service completed, as it might have been if the goods had not been replevied.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5337. Writ of reprisal

§ 5337. Writ of reprisal
When the officer to whom the writ of return is committed cannot find the goods replevied, so as to deliver them to the defendant, he or she shall make return of that fact upon such writ, and the defendant shall thereupon be entitled to a writ of reprisal, to be awarded and issued upon his or her motion by the court in which the judgment was rendered, to take the goods and chattels of the plaintiff, to be held and disposed of as on a writ of execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5338. When judgment for plaintiff is given

§ 5338. When judgment for plaintiff is given
When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5371. Writs; court to which returnable

§ 5371. Writs; court to which returnable
Writ of replevin in actions under the provisions of sections 5321 and 5331 of this title shall issue out of the court to which returnable. If the value of the property to be replevied is $5,000.00 or less, the writ may be returnable to any court; if the value of the property exceeds $5,000.00, the writ shall be returnable to a Superior Court. (Amended 1959, No. 142, § 5, eff. Feb. 1, 1960; 1965, No. 194, § 7, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 165, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 39, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5373. Bond

§ 5373. Bond
The writ in an action of replevin commenced under the provisions of section 5321 or 5331 of this title shall not be issued until the plaintiff or someone in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient surety to be approved by the court, in a penalty double the value of the property to be replevied, with condition to prosecute the action to final judgment and pay such damages and costs as the defendant recovers against him or her, and also to return the property if that is the final judgment. (Amended 1971, No. 185 (Adj. Sess.), § 166, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5401. Orders and judgment of court

§ 5401. Orders and judgment of court
Upon the abatement, dismissal, nonsuit, default, or trial of an action of replevin, the court shall make such order for the return or restoration of the goods as is just, and may take such inquest of damages in the premises as the rights of the parties require, and render judgment thereon accordingly. When such replevin terminates otherwise than upon the merits, such court may make such special order as to the return or restoration of the goods or as to damages, and may require such security in the premises, from either party, as is just.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5402. Sums received by creditor, how applied

§ 5402. Sums received by creditor, how applied
Sums received by the creditor from the sale of goods attached or taken in execution and afterward returned and sums received for the value of such goods not returned and sums recovered from the officer for the insufficiency of the sureties in the bond, shall be applied toward the discharge of the judgment recovered by the creditor. Sums received as interest or damages for the delay of his or her execution shall be retained to his or her own use, and shall not go in discharge of the judgment further than to discharge the interest on the same for the time for which interest was received.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5403. Remedy on bond not affected

§ 5403. Remedy on bond not affected
The foregoing provisions shall not preclude the defendant from resorting to his or her remedy on the replevin bond or to his or her remedy against the officer for the insufficiency of the sureties in the bond, to recover the value of the goods, with the loss or damage caused by the replevin or nondelivery thereof, notwithstanding he or she has endeavored to recover the same by the writs of return and reprisal.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 183 - Replevin › § 5404. Action against surety limited

§ 5404. Action against surety limited
An action shall not be maintained against a surety in a replevin bond unless the writ is served on the surety within one year after final judgment in the action of replevin. (Amended 1971, No. 185 (Adj. Sess.), § 167, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 187 - Small Claims Procedure › § 5531. Rules governing procedure

§ 5531. Rules governing procedure
(a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $10,000.00. Small claims proceedings shall be limited in accord with this chapter and the procedures made available under those rules. The procedure shall not be exclusive but shall be alternative to the formal procedure begun by the filing of a complaint.
(b) Parties may not request claims for relief other than money damages under this chapter. Nor may parties split a claim in excess of $10,000.00 into two or more claims under this chapter.
(c) In small claims actions where the plaintiff makes a claim for relief greater than $3,500.00, the defendant shall have the right to request a special assignment of a judicial officer. Upon making this request, a Superior judge or a member of the Vermont bar appointed pursuant to 4 V.S.A. § 22(b) shall be assigned to hear the action.
(d) Venue in small claims actions shall be governed by section 402 of this title.
(e) Notwithstanding this section or any other provision of law, the small claims court shall not have jurisdiction over actions for collection of any debt greater than $5,000.00 arising out of:
(1) a consumer credit transaction as defined in 15 U.S.C. § 1679a; or
(2) medical debt as defined in 18 V.S.A. § 9481. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 65; 1967, No. 311 (Adj. Sess.), § 2, eff. March 22, 1968; 1971, No. 44, § 1; 1973, No. 249 (Adj. Sess.), § 40, eff. April 9, 1974; 1977, No. 161 (Adj. Sess.), § 1; 1983, No. 208 (Adj. Sess.), § 2; 1993, No. 160 (Adj. Sess.), § 1; 1995, No. 181 (Adj. Sess.), § 2, eff. Sept. 1, 1996; 2007, No. 39, § 3; 2009, No. 154 (Adj. Sess.), § 83; 2023, No. 46, § 9, eff. June 5, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 187 - Small Claims Procedure › § 5532. Pleadings; fees

§ 5532. Pleadings; fees
Procedure in the Superior Court shall be instituted without writ or pleading other than a concise statement on a form provided by the clerk who shall file the complaint in a docket kept for that purpose. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 119, § 2; 1971, No. 44, § 2; 1973, No. 249 (Adj. Sess.), § 41, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 2; 1977, No. 161 (Adj. Sess.), § 2; 1985, No. 54, § 5; 1995, No. 181 (Adj. Sess.), § 3, eff. Sept. 1, 1996.)