VERMONT.

Constitution adopted 1793.-Square Miles, 10,212.-Population in 1850, 313,451,

Exemptions.

THERE is exempted from sale on execution such suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life; one cow; the best swine, or the meat of one swine; ten sheep, and one year's product of said sheep in wool, yarn, or cloth; forage sufficient for keeping not exceeding ten sheep and one cow through one winter; ten cords of firewood; five bushels of grain; twenty bushels of potatoes; such military arms and accoutrements as the debtor is required by law to furnish; and all growing crops: also the bibles and other books used in the family; and five bushels of grain in addition, and three swarms of bees and hives, together with their produce in honey, and 200 pounds of sugar.

Homestead-Exemption Law.

THE homestead of every housekeeper or head of a family, residing in this state, to the value of five hundred dollars, such homestead consisting of a dwel ling-house, out-buildings, and lands appurtenant, occupied by such person as a homestead, and the yearly products thereof, shall be exempt from attachment and execution, in all cases where the contract shall be made or the cause of action shall accrue after the first day of December, one thousand eight hundred and fifty, except as hereinafter provided.

Whenever the real estate of such housekeeper or head of a family shall be levied upon by virtue of any execution, such portion thereof as may be occupied by him as a homestead, and as he may then elect to regard as such, to the value of five hundred dollars, in case such person is entitled to hold the same exempt from said execution, shall be set out to him by the appraisers on said execution, upon their oaths, and the remainder only shall be set off to the creditor therein, and such homestead shall be set out in the same manner as is now provided by law for the setting off of lands on execution.

If

any

such housekeeper or head of a family shall decease, leaving a widow, his homestead, of the value aforesaid, shall wholly pass to his widow, and chil dren if any there. be, in due course of descent, without being subject to the pay ment of the debts of the deceased, unless made specially chargeable thereon, or for taxes assessed thereon.

Such homestead shall not be alienated or mortgaged by the owner thereof, if a married man, except by the joint deed of such husband and wife, executed and acknowledged in the manner provided for the conveyance of the lands of married women: Provided, however, that such husband may, without the consent of his wife, mortgage such homestead, at the time of the purchase thereof, for the payment of the purchase-money.

Such homestead shall be subject to attachment and execution upon any contract that may be made, and for all matters and causes of action which may accrue, previous to or at the time of the purchase of such homestead, and shall be subject to sale for non-payment of taxes assessed thereon; and the time when the deed to the owner of such homestead shall be left in the town-clerk's office, for record, shall be deemed the time of the purchase thereof for the purpose mentioned in this act.

Mechanics' Lien.

ANY person who shall perform any labor or furnish materials in this state for or toward the building, repairing, fitting, or furnishing any ship, vessel, or steamboat, shall have a lien on the same for his wages and materials so furnished until four days after the ship, vessel, or steamboat, shall be completed, and may secure the same by attachment, which shall have precedence of all other attachments and claims.

Before such lien shall attach or be in force, such person shall have a just and legal claim for his services performed or materials furnished, and shall demand payment of the same of the owner, agent, contractor, or person, in whose care such ship, vessel, or steamboat, may be; and in case such person, having a lien as aforesaid, shall demand more than is due to him, such owner, agent, contractor, or person in whose care such ship, vessel, or steamboat, may be, may tender or pay to such person the just and full amount due him for his labor or materials furnished as aforesaid, and fully and absolutely discharge such lien.

When any contract or agreement shall hereafter be made in writing for erecting, repairing, or altering any house or other building in this state, or for furnishing labor or materials for the purposes aforesaid, the person proceeding in pursuance of such contract or agreement shall have a lien to secure the payment of the same, upon such house or building and the lot of land on which the same stands, and the lien hereby created shall continue in force for the space of three months from the time when payment shall become due for the work, labor, or materials, furnished as aforesaid.

Law regulating Contracts.

No action, in law or equity, shall be brought in any of the following cases :1. To charge an executor or administrator upon any special promise, to answer damages out of his own estate; or

2. To charge any person, upon any special promise, to answer for the debt, default, or misdoings, of another; or

3. To charge any person, upon any agreement made upon consideration of marriage; or—

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

5. 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 shall 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 thereunto by him lawfully authorized; and if the contract or agreement relate to the sale of real estate or any interest therein, such authority shall be conferred in writing. No contract for the sale of any goods, wares, or merchandise, for the price of fourty dollars or more, shall be good or valid, unless the purchaser shall accept and receive part of the goods so sold, or shall 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 thereunto by him lawfully authorized.

No action shall be brought to charge any person, upon or by reason of 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 thereunto by him lawfully authorized.

No mortgage of any machinery used in any factory, shop, or mill, hereafter made, shall be valid against any other person than the parties thereto, unless possession of the mortgagéd machinery be delivered to and retained by the mortgagee.

Limitation of Actions.

No action for the recovery of any lands, or for the recovery of the possession thereof, shall be maintained, unless such action is commenced within fifteen years next after the cause of action first accrued to the plaintiff, or those under whom he claims.

No person having right or title of entry into houses or lands shall thereinto enter but within fifteen years next after such right of entry shall accrue.

The following actions shall be commenced within six years next after the cause of action accrued, and not after :

1. All actions of debt founded upon any contract, obligation, or liability, not under seal, excepting such as are brought upon the judgment or decree of some court of record of the United States, or of this or some other state.

2. All actions upon judgments rendered in any court, not being a court of record. 3. All actions of debt for arrearages of rent.

4. All actions of account, assumpsit, or on the case, founded on any contract or liability, express or implied.

5. All actions of trespass upon land.

6. All actions of replevin, and all other actions for taking, detaining, or injuring goods or chattels.

7. All other actions on the case, except actions for slanderous words and for libels.

All actions for assault and battery and for false imprisonment shall be com menced within three years next after the cause of action shall accrue, and not afterward.

All actions for slanderous words and for libels shall be commenced within two years next after the cause of action shall accrue, and not afterward.

All actions against sheriffs, for the misconduct or negligence of their deputies, shall be commenced within four years next after the cause of action shall accrue, and not afterward.

None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in the presence of an attesting witness, but the action in such case shall be commenced within fourteen years next after the cause of action shall accrue thereon, and not afterward.

All actions of debt or scire facias on judgment shall be brought within eight years next after the rendition of such judgment; and all actions of debt on SPECIALTIES within eight years after the cause of action accrued.

All actions of covenant other than the covenants of warranty and seisin, contained in deeds of conveyance of lands, shall be brought within eight years after the cause of action accrued, and not afterward.

All actions of covenant brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within eight years next after there shall have been a final decision against the title of the covenanter in such deed, and all actions of covenant brought on any covenant of seisin contained in any such deed, shall be brought within fifteen years next after the cause of action shall accrue, and not afterward.

When any person shall be disabled to prosecute an action in the courts of this state by reason of his being an alien subject, or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed any part of the respective periods herein limited for the commencement of any of the actions before mentioned.

If, at the time when any cause of action of a personal nature, mentioned in this act, shall accrue against any person, he shall be out of the state, the action may be commenced within the time herein limited therefor, after such person shal come into the state; and if, after any cause of action shall have accrued, and before the statute has run, the person against whom it has accrued shall be absent from and reside out of the state, and shall not have known property within this state which could be attached, the time of his absence shall not be taken as any part of the time limited for the commencement of the action.

If, in any action duly commenced within the time limited and allowed therefor, the writ fail of a sufficient service or return, by any unavoidable accident, or by any default or neglect of the officer to whom it is committed, or if the writ shall be abated, or the action otherwise defeated or avoided by the death of any party thereto, or for any matter of form; or if, after verdict for the plaintiff, the judg ment shall be arrested; or if a judgment for the plaintiff shall be reversed on a writ of error or on execution, the plaintiff may commence a new action for the same cause at any time within one year after the abatement or other determination of the original suit, or after the reversal of the judgment thereon, and if the cause of action survive, his executor or administrator may, in case of his death, commence such new action within the said one year, or within one year after letters shall have been granted.

Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force shall not be deemed any portion of the time limited for the commencement of such suit.

If any person, entitled to bring any action in this act specified, shall, at the time when the cause of action accrues, be a minor, or a married woman, insane, or imprisoned, such person may bring the said action within the times respectively limited after the disability shall be removed.

None of the provisions of this act shall apply to suits brought to enforce payment on bills, notes, or other evidences of debt, issued by moneyed corporations. All the provisions of this act shall apply to the case of a debt or contract alleged by way of setoff, and the time of limitation of such debt shall be computed in like manner as if an action had been commenced therefor at the time when the plaintiff's action was commenced.

If one of two or more joint contractors make such written promise or acknowledgment, it shall not affect the other joint contractors.

Collection of Debts.

ARREST.-No female shall be arrested or imprisoned by virtue of any mesne process which shall issue in an action founded on contract, nor by virtue of any execution which shall issue on a judgment recovered in any such action.

No person, who is a resident citizen of this state, shall be arrested or impris oned by virtue of any mesne process which shall issue in an action founded on a contract, express or implied, made or entered into after the first day of January, in the year one thousand eight hundred and thirty-nine, nor by virtue of an exe. cution issued on a judgment recovered in an action founded on any such contract; provided, that if the plaintiff, his agent, or attorney, praying out a writ on any contract made after the first day of January, 1839, shall file with the authority issuing such writ an affidavit stating that he has good reason to believe and does believe that the defendant is about to abscond or remove from the state and has secreted about his person or elsewhere, money or other property, to an amount exceeding twenty dollars, or sufficient to satisfy the demand upon which he is to be arrested, such writ may issue as an attachment against, and be served upon the body of the defendant.

ATTACHMENT.The ordinary mode of process in civil causes shall be by writ of summons or attachment.

Writs of attachment may issue against the goods, chattels, or estate of the defendant, and for want thereof against his body.