the court to which such scire facias shall be returnable, may issue an execution for the original execution, or so much thereof as was satisfied by such levy, and the cost thereon, with the legal interest on the same from the time of such levy, with the cost of the scire facias, notwithstanding the return of the officer upon such execution, which return shall not be held to conclude such inquiry by the court in regard to the facts set forth in said writ. (Sec. 39 of R. S. as amended by No. 8 of 1850.)

SECT. 47. If it shall appear, that such estate was turned out to the officer, by the creditor, or taken without the consent of the debtor, the creditor shall not recover any cost on the former execution, or on the scire facias. (Sec. 40 of R. S.)

SECT. 48. If the original execution was issued by a justice, and the amount of the judgment exceeds fourteen dollars, or if such justice shall be dead, out of office or removed from the county, at the time of bringing such scire facias, the same shall be brought before the county court of the county in which such judgment shall have been rendered. (Sec. 41 of R. S.)

SECT. 49. In all cases where a writ of execution shall have been extended on real estate, and such extent or levy shall be irregular, informal, or not made according to the strict rules of law, so that the title, derived therefrom, shall be doubtful, it shall be lawful for the supreme court, in the county where the judgment was rendered, upon petition of either party to such execution, or his legal representative, to vacate, annul and set aside such extent or levy, for any such irregularity, want of form or illegality therein, and issue execution anew. (Sec. 43 of R. S.)

SECT. 50. No such petition shall be sustained by the supreme court, unless the same, with a certified copy of the judgment, execution and extent, be filed in such court, within two years from the time such extent shall have been returned, and due notice thereof given to the adverse party. (Sec. 44 of R. S.)

SECT. 51. In every case, when such extent shall be vacated, as aforesaid, such extent shall be, and remain as a lien upon the real estate, so extended upon, for the space of sixty days from the rising of the court, by which such extent shall be vacated, and not after. (Sec. 45 of R. S.)

SECT. 52. If neither party to such execution, or his representative, shall petition the supreme court, to vacate such defective extent, within the time limited as aforesaid, or if, on such petition, the court shall adjudge, that the extent be affirmed, then such extent shall be deemed to be good and valid, to convey all the right, title or interest that the judgment debtor had at the time of such extent in, and to the estate so extended upon, and shall be deemed conclusive evidence of title in such estate, against such debtor, or his representatives forever. (Sec. 46 of R. S.)

SECT. 53. In all cases, when such extent shall be vacated, if the creditor shall have had possession of the estate, before such extent shall be vacated, the use thereof shall be deemed a satisfaction of the interest upon such part of the execution, as shall have been returned satisfied by such extent, for the time the creditor had such possession. (Sec. 47 of R. S.)

SECT. 54. If the execution, so issued by the supreme court, shall be again extended on the same real estate, if the creditor shall have had possession of the same, it shall be the duty of the appraisers, to appraise the same at its just and true value, at the time of the former appraisal, without taking into consideration any improvements which the creditor may have made thereon. (Sec. 48 of R. S.)

SECT. 55. The supreme court, on such petition, shall have power to tax costs for either party, in the discretion of such court. (Sec. 49 of R. S.)

CHAPTER 46.

SESSIONS OF COURTS.

COMPILED FROM

Chap. 43 of the Revised Statutes, pp. 245-247.

SECTION 1. The sessions of the supreme court shall be annually held, within and for the respective counties in this state, at the places herein named, to wit:

At Burlington, in the county of Chittenden;
At St. Albans, in the county of Franklin;

At North Hero, in the county of Grand Isle;
At Middlebury, in the county of Addison;
At Rutland, in the county of Rutland;

At Bennington and Manchester, alternately, in the county of Bennington, commencing at Bennington;

At Newfane, in the county of Windham;
At Woodstock, in the county of Windsor;
At Chelsea, in the county of Orange;
At Montpelier, in the county of Washington;

At Danville, in the county of Caledonia;
At Guildhall, in the county of Essex;

At Irasburgh, in the county of Orleans;

At Hydepark, in the county of Lamoille. (Sec. 1 of R. S., with the omission of all that related to the times of holding courts.)

SECT. 2. The terms of the supreme court in the several counties shall be held at the following times: In the county of Chittenden, on the fourth Tuesday in December. In the county of Franklin, on the second Tuesday next after the fourth Tuesday in December. In the county of Grand Isle, on the fourth Thursday next after the fourth Tuesday in December. In the county of Addison, on the fourth Tuesday next after the fourth Tuesday in December. In the county of Rutland, on the sixth Tuesday next after the fourth Tuesday in December. In the county of Bennington, on the eighth Tuesday next after the fourth Tuesday in December. In the county of Windham, on the ninth Tuesday next after the fourth Tuesday in December. In the county of

Windsor, on the tenth Tuesday next after the fourth Tuesday in December. In the county of Orange, on the thirteenth Tuesday next after the fourth Tuesday in December. In the county of Washington, on the fifteenth Tuesday next after the fourth Tuesday in December. In the county of Lamoille, on the first Tuesday in August. In the county of Orleans, on the second Tuesday in August. In the county of Caledonia, on the third Tuesday in August. In the county of Essex, on the fourth Tuesday in August. (Sec. 4 of No. 23 of 1846 and No. 1 of 1849.)

SECT. 3. In addition to the sessions of the supreme court now provided for by law, there shall be annually one session of said court in each judicial circuit at such time and in such county as said supreme court shall direct, which direction shall be made by said court at the last session thereof held within said circuit, as now provided for by law, in each year. (Sec. 7 of No. 40 of 1849.)

SECT. 4. The several clerks of the supreme court in each circuit, shall attend the circuit session of the supreme court held within the same, with all the papers in his possession relating to any cause to be tried at such session, and the supreme court at said circuit session shall proceed to hear, try and determine all business which may have been left unfinished at the preceding term of said court in each county in said circuit; and it shall (be) the duty of said supreme court, at each circuit session, to decide every cause that shall have been argued at said session, or previous thereto : provided, any clerk of the supreme court, in a county in which there was no business unfinished the preceding term, shall not be required to attend the circuit session of the supreme court. (Sec. 8 of No. 40 of 1849.)

SECT. 5. The several county courts shall be held, in each year, within and for the respective counties, as follows:

At Bennington and Manchester, alternately, commencing at Bennington, on the first Tuesday of December, and second Tuesday of June; (see

6)

At Newfane, on the second Tuesday of April and September; (see § 7)

At Rutland, on the second Tuesday of April and September ; At Woodstock, on the last Tuesday of May and November; (see $8)

At Middlebury, on the second Tuesday of June and December; At Chelsea, on the third Tuesday of June and December; (see $9)

At Burlington, on the last Tuesday, save one, of March and August; (see 10 and 11)

At Montpelier, on the second Tuesday of April and third Tuesday of November; (see § 12)

At Danville, on the first Tuesday of June and December;

At Guildhall, on the last Tuesday of May and third Tuesday of December;

At Irasburgh, on the fourth Tuesday of June and December; At St. Albans, on the second Tuesday of April and September; At North Hero, on the first Tuesday after the fourth Tuesday of April, and on the fourth Tuesday of September; (see § 13)

At Hydepark, on the second Tuesday of June and December. (Sec. 2 of R. S.)

SECT. 6. The county court for the county of Bennington shall hereafter be held, at the usual places of holding courts in said county, on the fourth Tuesday of June and the fourth Tuesday of December in each year. (No. 1 of 1850.)

SECT. 7. The county court for the county of Windham, instead of being held at the times now required by law, shall hereafter be held at Newfane, in the county of Windham, on the fourth Tuesday of April, and the fourth Tuesday of September, in each year. (No. 1 of 1845.)

SECT. 8. The county court for the county of Windsor, instead of being held at the times now required by law, shall hereafter be held on the fourth Tuesday of May and the second Tuesday of December in each year. (No. 2 of 1850.)

SECT. 9. The county court for the county of Orange, instead of being held at the times now required by law, shall hereafter be held on the third Tuesday of June and the first Tuesday of January in each year. (No. 2 of 1850.)

SECT. 10. The county courts for the county of Chittenden, shall be holden on the last Tuesday save one in March, and on the Tuesday next after the fourth Tuesday of September (see § 11) of each year, any law to the contrary notwithstanding. (No. 1 of 1844.)

SECT. 11. The county court for the county of Chittenden, shall hereafter be holden on the third Tuesday in September, instead of the first Tuesday next after the fourth Tuesday of September, as is now provided by law. (No. 1 of 1846.)

SECT. 12. The county court in the county of Washington shall hereafter be holden at Montpelier, in said county, on the second Tuesday of March, and on the second Tuesday of November, in each year. (No. 4 of 1850.)

SECT. 13. The county court for the county of Grand Isle, shall hereafter be held at North Hero, in said county, on the last Tuesday in February, and the last Tuesday in August, in each year. (No. 1 of 1847.)

SECT. 14. In all writs, processes, records and judicial proceedings, civil and criminal, the day, on which any of the terms of said courts is to commence, may be designated as the first, second, or other Tuesday or other day of the week, in the month in which the same shall happen. (Sec. 3 of R. S.)

SECT. 15. Whenever the time of holding either of the sessions of the supreme or county court, is, or shall be, altered by law, all suits, actions, complaints, informations, indictments and all appeals, writs, processes, recognizances and all other matters, that may be pending in said court at the time of such alteration, and all matters, by law returnable to such court, at the time of such alteration, and all persons and parties that may be required to appear, or attend said court, shall be returned and entered, appear, answer and have day in court, at the session thereof, to be holden on the day designated by the law making such alteration. (Sec. 4 of R. S.)

TITLE XIV.

THE JURISDICTION AND POWERS OF PROBATE
COURTS.

CHAPTER 47. The probate court.

CHAPTER 48.

Wills.

CHAPTER 49.

Letters testamentary and other proceedings on the probate of a will.

CHAPTER 50. The administration and distribution of the estates of intestates.

CHAPTER 51. The inventory and collection of the effects of deceased persons; the prosecution of actions by and against executors and administrators; and the sale of real estate.

CHAPTER 52.

CHAPTER 53.

CHAPTER 54.

CHAPTER 55.

CHAPTER 56.

CHAPTER 57.

CHAPTER 58.

CHAPTER 59.

The payment of debts and legacies of deceased
persons.

Rendering accounts by executors and administrators.
Estates in dower and by the curtesy.

Title to real estate by descent.

Partition and distribution of estates.
Escheats.

Appointment of trustees for minors and others; their
powers and duties.

Probate bonds and the prosecution of them.