Mode of Collecting Debts.

No person may be arrested or imprisoned on any writ in any action founded on a contract, unless the debt or damage for which such action is brought, exclusive of costs, exceed the sum of thirteen dollars and thirty-three cents.

No person may be arrested on any writ or execution founded on a contract made after March 1, 1841, unless the plaintiff or some person in his behalf make an affidavit before a justice, on the back of the writ, that in his belief the defendant is justly indebted to said plaintiff in a sum exceeding thirteen dollars and thirty-three cents, and that he conceals his property so that no attachment or levy can be made, or that there is good reason to believe he is about to leave the state to avoid the payment of his debts. Any person so arrested may require the officer to carry him before two justices, one of them to be of the quorum, and if the facts above stated appear true to them, said defendant will be committed to jail, unless he procure sufficient bail: if they do not appear true, he will be discharged from arrest.

Time within which judgment may be obtained where there is no controversy. In an action where there is no appearance for the defendant, judgment may be obtained at the close of the term when said action is entered.

Every species of property may be sold on execution; the debtor being to redeem real estate within a year.

Executions, when to issue, and when returnable.-No execution may issue till twenty-four hours after judgment rendered.

Executions from the Superior Court are returnable at the next regular term of the court, if within six months, otherwise within six months from the date thereof: executions from the Court of Common Pleas, at the next term thereof; and executions issued by justices within sixty days from their date.

Executions against property of persons imprisoned.—When a debtor is committed to prison on execution, the creditor on return of the same may have a further execution against the property of the debtor, although his person be not discharged, and upon the satisfaction of such execution the debtor will be discharged. (a)

Provisions in reference to liability of sheriffs and attorneys

(a) R. S. 193.

Courts.

for refusing to pay over moneys collected, and as to Executions against Sheriffs.-Substantially the same as in Massachusetts.

11. Courts.

The judicial power is distributed between the Superior Court of Judicature, the Circuit Court, and the Court of Common Pleas, The former holds an annual, the latter a semi-annual term in each county of the state. The latter court is that in which all actions are brought for the recovery of debts and the enforcement of contracts, and all jury trials are held. There are also in each county, courts of probate.

VERMONT.

1. ASSURANCES AND EVIDENCES OF DEBT.

2. DAMAGE UPON PROTESTED BILLS OF EXCHANGE.

9. EFFECT OF DEATH ON THE RIGHTS OF CREDITORS.

10. MODE OF COLLECTING DEBTS.

11. COURTS.

1. Assurances and Evidences of Debt.

Proceedings in actions of account.-If the defendant, in any action of account, plead any thing, which being true, he ought not to account, it will be tried by a jury, and if the verdict be against him, or if said defendant do not appear, or appearing, confess that he ought to account with the plaintiff, the court will render judgment that he do account, and will appoint auditors to examine and adjust the accounts between the parties. Said auditors may call for the books of the parties, and may examine under oath the parties to the suit and other witnesses, and on their report thereon to the court, judgment will be rendered on such report, if no just cause appear to the contrary, for such sum as is found to be in arrear from either party, with costs, including those of the auditors, to be paid by the successful party; such judgment to be final. (a)

Grace on bills and notes, and actions thereon.-Bills of exchange, drafts, and promissory notes, executed in any other state

(a) R. S. 36.

Damages upon Protested Bills of Exchange.-The Law of Usury.

and payable in this state, and all such bills, drafts, and notes executed in this state and payable in any other state, will be entitled to three days grace: this provision not extending to contracts payable on demand or in any way but in money.

The indorsee of any bill or promissory note for the payment of money to any person, or order, or bearer, may maintain an action in his own name for the recovery of the money.

The holder of any bill or note, payable in money to the bearer, or to any person or bearer, may maintain an action thereon in his own name without indorsement. (a)

Seal of court, or public office or officer.-In cases where the seal of any court or public office or officer is required to be affixed to any paper issuing from such court or office, the word seal includes an impression of such official seal made on paper alone, as well as one made by means of a wafer or of wax affixed thereto. (b)

2. Damages upon Protested Bills of Exchange. There is no provision upon the subject of this title.

The Law of Usury.

What is lawful interest.—The lawful rate of interest is six dollars on a hundred dollars for a year, and the same rate for a greater or less sum, and for a longer or shorter time.

Persons paying usurious interest may recover what.-Any person paying more than lawful interest may recover back the amount so paid above the legal interest, with interest thereon from the time of payment, in an action of assumpsit, declaring for money had and received, or goods sold and delivered, as the be.

case may

Certain contracts excepted.-The foregoing provisions do not extend to the letting of cattle and other usages of like nature among farmers, or maritime contracts, bottomry, or course of exchange, as has been customary.

Frauds.

4. Frauds.

Statute of frauds.-No action, in law or equity, may be brought,

1st. To charge an executor or administrator on any special promise to answer damages out of his own estate :

2d. To charge any person on any special promise to answer for the debt, default, or misdoings of another :

3d. To charge any person on any agreement made on consideration of marriage:

4th. Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them:

5th. Upon any agreement that is not to be performed within one year from the making thereof:

Unless the promise, contract, or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or by some person lawfully authorized by him; and if the contract or agreement relate to the sale of real estate, or any interest therein, such authority must be conferred in writing. (a)

No contract for the sale of goods, wares, or merchandise, for the price of forty dollars or more, will be valid, unless the purchaser accept and receive part of the goods so sold, or give something in earnest, to bind the bargain or in part payment, or unless some note or memorandum of the bargain be made in writing and signed by the party to be charged thereby, or by some person lawfully authorized.

No action may be brought to charge any person upon any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of any other person, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person lawfully authorized.

Provision as to mortgages of machinery.-No mortgage of any machinery used in any factory, shop, or mill, hereafter made, will be valid against any other person than the parties thereto,

(a) R. S. 61.