122 



CIVIL HISTORY OF VRRMONT. 



Part II 



SUPREME COURTS. 



COURT OF CHANCERY. 



COUNTY COURTS. 



lence against Redding, he having been 

 convicted by public opinion as well as by 

 a court and six jurors. Upon this Ethan 

 Allen, who had just returned from his 

 long captivity, mounted a stump, and ex- 

 claiming '■'■ attention the icholc," proceed- 

 ed to announce the reasons, which had 

 produced the reprieve — advised the mul- 

 titude to depart peaceably to their habita- 

 tions, and return on the day fixed for the 

 execution by tlie council of safety, adding 

 with an oath, " you shall see somebody 

 hung at all events, for if Redding is not 

 then hung, I will be hung myself.'" 



The council of safety then appointed 

 Allen to act as states attorney in the sec- 

 ond trial of Redding ; a jury of twelve men 

 was summoned, who found him guilty, 

 and he was executed on the 11th of June, 

 as Allen had promised. l. 



Woodstock Court House. 



Section IV. 

 Judiciary — Courts — Judges — Reports. 



The judiciary powers of the state are 

 vested in a supreme court, a court of chan- 

 cery, a county court in each county, jus- 

 tices of the peace in the several towns, 

 and a probate court in each probate dis- 

 trict. 



The supreme court consists of one chief 

 judge and four assistant judges, any three 

 of whom constitute a quorum. This court 

 holds one session annually in each county 

 and "have exclusive jurisdiction of all 

 such petitions, not triable by jury, as may 

 by law be brought before such court, and 

 have power to issue and determine all 

 writs of error, certiorari, mandamus, pro- 



hibition and quo warranto, and all other 

 writs and processes to courts x>f inferior 

 jurisdiction, to corporations and individ- 

 uals, that shall be necessary to the fur- 

 therance of justice and the regular execu- 

 tion of the laws. All issues of law, and 

 all questions of law, arising upon the trial 

 of any issue of fact, by the court or jury, 

 and placed upon the i-ecord by the agree- 

 ment of the parties, or the allowance and 

 order of anv two of the judges that attend 

 the trial, determined by any county court, 

 may pass to the supreme court for a final 

 decision. Any party complaining of the 

 final order or decree of the court of chan- 

 cery may, by a written motion for that 

 purpose, filed at the term in which such 

 order or decree is made, appeal therefrom 

 to the supreme court, excepting, 1st. 

 When the bill is taken as confessed and 

 a final decree made in consequence of the 

 non-appearance of the defendant, or for 

 the neglect of the defendant to make his 

 answer agreeably to the rule or order 

 of court. 2d. When the decree is for the 

 foreclosure of a mortgage ; unless by spe- 

 cial permission of the court of chancery 

 in consideration of the defence made. 

 When an appeal from the court of chan- 

 cery shall have been heard and determin- 

 ed, all the proceedings, together with the 

 judgment, decree and order of the su- 

 preme court therein, and all things con- 

 cerning the same, shall be remitted to the 

 court of chancery, where such proceed- 

 ings shall be thereupon had as may be ne- 

 cessary to carry such judgment, decree, or 

 order into eiFect. The supreme court have 

 jurisdiction of all questions of law, arising 

 in the course of the proceedings of the 

 county court in probate matters. 



Each judge of the supreme court is a 

 chancellor; and, within his judicial cir- 

 cuit, possesses, and may exercise, all the 

 iurisdiction and powers, which now are, or 

 hereafter may be, vested in a court of 

 chanceiy. 



For the purpose of holding county courts, 

 the state is divided into five circuits, and 

 one circuit assigned to each of the five 

 judges of the supreme court, who acts as 

 chief judge, with two assistant county 

 judges in each county, within his circuit.* 

 The county courts have, in their respect- 

 ive counties, original and exclusive juris 

 diction of all original civil actions, except 

 such as are made cognizable by a justice, 

 and of all such petitions as may, by law. 



* The frst circuit consists at present of the coun- 

 ties of Rennington anrl Rutland ; she second of Wind- 

 ham, Windsor and Orange ; the third of Addison, 

 Chittpnden and Grand fsle ; \.\\e fottrth of Washing- 

 ton. Caledonia and Essex; and the Ji/(A of Franklin, 

 Orleans and Lamoille. 



