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if the parties, their agents or attorneys neglect to choose appraisers, proceed from the word "fee" thus:-and the said parties, their agents and attorneys, neglecting to choose appraisers to appraise the estate aforesaid, I applied to L. M., a justice of the peace of the same county in which the estate lies, who by law may judge between the parties in civil causes, and who appointed E. F., G. H. and J. K.] three judicious and disinterested freeholders of the vicinity, in the same town in which said estate lies, to appraise the same, which said appraisers, after being duly sworn by me, agreeably to law, did, on view of the estate above described, appraise the same, at the sum of dollars and cents, as its true and just value in money, to satisfy this execution, with all fees, as stated in the bill hereunto annexed, and I have set out the said estate so by them appraised, in full satisfaction of this execution, and of the fees aforesaid, by the same metes and bounds which are mentioned in the above description thereof; and afterwards, to wit, on the

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I caused this same execution, with my return thereon, to be recorded in the records of lands of said town of . And now on this I return this execution, with my doings thereon, into the office of the clerk of the court (or justice of the peace) from which it issued, together with the sum of seventy-five cents, that the same may be there recorded.

In testimony whereof, I do hereunto set my hand this

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N. O., Sheriff.

CHAPTER 118.

FORMS OF OATHS.

SECTION

BEING IDENTICAL WITH

Chap. 109 of the Revised Statutes, pp. 505–508.

WITH THE ADDITION OF

Sec. 2 of No. 53 of the Laws of 1850, p. 36.

1. Form of oath to be administered to grand jury-petit jurors in civil causes in county court-in criminal causes-in freehold and justice courts-officer attending juries in county court-in justice or freehold courtparties and witnesses-attorneys-persons

SECTION

appointed to execute commission, trust, &c.-officer attending jury in criminal cause, before charged.

2. Affirmation substituted for oath.

3. Oath of office, by whom administered.
4, 5. Persons authorized to administer oaths.

SECTION 1. The following shall be the forms of oaths, to be administered to officers and persons, as hereafter mentioned.

OATH TO BE ADMINISTERED TO THE GRAND JURY.

You do solemnly swear, that you will diligently inquire and true presentment make of all such matters and things, as shall come to your knowledge, according to your charge. The counsel of the

state, your own counsel and that of your fellows, you shall keep secret. You will present no man for envy, hatred or malice; neither will you leave any person unpresented for love, fear, favor, affection or hope of reward, but you will present things truly, as they come to your knowledge, to the best of your understanding, according to the laws of this state. So help you God.

OATH TO BE ADMINISTERED TO PETIT JURORS, EMPANELLED FOR THE TRIAL OF CIVIL CAUSES IN THE COUNTY COURT.

You solemnly swear that you will well and truly try each and every issue, which may be given you in charge, during the present term of this court, agreeably to the evidence given you in court, and the laws of this state, and true verdicts give; your own counsel and that of your fellows you will duly observe and keep; you will say nothing to any person about the business and matters you may at any time have in charge, but to your fellow jurors, nor will you suffer any one to speak to you about the same but in court, and when you shall have agreed on a verdict, you will keep it secret until you deliver it in court. So help you God.

OATH TO BE ADMINISTERED ΤΟ

PETIT JURORS IN CRIMINAL CAUSES.

You solemnly swear, that without respect to persons or favor of any man, you will well and truly try and true deliverance make, between the state of Vermont and the prisoner at the bar, whom you shall have in charge, according to the evidence given you in court and the laws of this state. So help you God.

OATH OF JURORS IN A JUSTICE'S COURT IN CIVIL CAUSES, AND IN A

FREEHOLD COURT.

You solemnly swear, that you will well and truly try the matters in difference between the parties in this cause, and a true verdict give, according to the evidence given you in court, and the laws of this state. So help you God.

OATH TO BE ADMINISTERED TO THE OFFICER ATTENDING THE GRAND JURY.

You solemnly swear that, as officer of the grand jury, you will keep their counsel and that of the state, and that you will not disclose any thing relative to their proceedings. So help you God.

OATH TO BE ADMINISTERED TO THE OFFICER TAKING CHARGE OF THE JURY IN THE COUNTY COURT.

You solemnly swear, that during the present term of this court, when you shall take charge of the jury empanelled for the trial of any cause, you will, after they shall have been charged by the court, keep them together in some suitable place; that you will suffer no person to speak to them upon the matters submitted to their charge,

until they are agreed, nor will you speak to them yourself about the same but in court, or to ask them whether they are agreed, and that you will not, in any cause, disclose the verdict of the jury or any conversation they may have, respecting the cause they may have in charge, until they shall have delivered up their verdict in court, or been released from their charge by order of court. So help you God.

OATH TO BE ADMINISTERED TO AN OFFICER ATTENDING A JURY AT A JUSTICE'S OR FREEHOLD COURT.

You solemnly swear, that you will keep the persons sworn of this jury together, in some suitable place, until they shall be agreed or discharged by order of court; you shall suffer no person to speak to them or any of them, nor will you speak to them yourself about the same, unless by order of court or to ask them whether they are agreed. So help you God.

OATH TO BE ADMINISTERED

ΤΟ WITNESSES AND PARTIES, WHEN

EXAMINED UNDER OATH.

You solemnly swear, that the evidence you shall give, relative to the cause now under consideration, shall be the whole truth and nothing but the truth. So help you God.

OATH TO BE ADMINISTERED TO INTERPRETERS OF TESTIMONY.

You solemnly swear, that you will justly, truly and impartially interpret to A. B., the oath about to be administered to him, and the testimony which he shall give, relative to the cause now under consideration. So help you God.

OATH TO BE ADMINISTERED TO ATTORNEYS.

You solemnly swear, that you will do no falsehood, nor consent that any be done in court, and if you know of any, you will give knowledge thereof to the judges of the court or some of them, that it may be reformed; you shall not wittingly, willingly or knowingly, promote, sue or procure to be sued, any false or unlawful suit, or give aid or consent to the same; you shall delay no man for lucre or malice, but shall act in the office of attorney within the court, according to your best learning and discretion, with all good fidelity, as well to the court, as to your client. So help you God.

OATH TO BE ADMINISTERED TO COMMITTEES, ETC.

The form of oath, to be administered to persons appointed in pursuance of the provisions of law, to perform any duty or execute any office, commission or trust whatever, where an oath is required and no specific form is provided, shall be as follows:

You solemnly swear, that you will faithfully execute the office (duty or trust) of to the best of your judgment and abilities, according to law. So help you God.

Or, when the person, to be sworn, shall produce to the magistrate a warrant of appointment, commission or other certificate, the oath may be thus:

You solemnly swear, that you will faithfully execute the duties assigned you, by this warrant (commission, rule or other certificate of appointment as the case may be,) to the best of your judgment and abilities, according to law. So help you God.

OATH TO BE ADMINISTERED ΤΟ AN OFFICER TAKING CHARGE OF A JURY IN A CRIMINAL CAUSE DURING A RECESS OF THE COURT AND BEFORE THE JURY ARE CHARGED.

You solemnly swear, that you will keep together the persons composing this jury until they return into court, and that, in the meantime, you will suffer no person to speak to them or speak to them yourself concerning the cause on trial or any matter thereto relating. So help you God.

SECT. 2. In the administration of any oath, the word "swear," may be omitted, and the word "affirm" substituted, whenever the person, to whom the obligation is administered, shall be religiously scrupulous of swearing, or taking an oath in the prescribed form; and in such case, the words, "so help you God," may be omitted, and the words "under the pains and penalties of perjury" substituted; and every person, so affirming, shall be considered, for every legal purpose of privilege, qualification or liability as having been duly sworn.

SECT. 3. When no other provision is made by law, oaths of office may be administered by any judge or justice, or the presiding officer, secretary or clerk of either house of the general assembly.

SECT. 4. All clerks and registers of courts, all committees of the legislature, and all commissioners, auditors, referees and committees appointed by any court of law or chancery, are authorized to administer any oath necessary to be taken for the establishment of truth or the furtherance of justice in any matter coming before such court, board or commission, for investigation.

SECT. 5. County clerks, notaries public, and masters in chancery shall have the same power to administer oaths and affirmations that justices of the peace by law now have. (Sec. 2 of No. 53 of 1850.)

No. 1.
No. 2.

No. 3.

TITLE XXXIII.

THE MILITIA.

An act in relation to the militia, approved Nov. 12, 1842. An act in amendment of "an act in relation to the militia," approved Nov. 1, 1843.

An act in relation to military fines, approved Nov. 1, 1843.

No. 4. An act abolishing imprisonment for military fines in certain cases, approved Oct. 27, 1843.

No. 5.
No. 6.

No. 7.

No. 8.

An act in relation to the militia, approved Oct. 30, 1844. An act in amendment of an act relating to the militia, approved Nov. 13, 1848.

Regulations respecting military expenses and the accounts of the quartermaster general.

An act establishing the flag of this state, approved Oct. 20, 1837.

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3. Non-commissioned officers and privates of 5. Attendants of Vermont asylum exempt. SECTION 1. All able bodied white male citizens between the ages of eighteen and forty-five years, resident in this state, and not exempted from serving in the militia by the laws of the United States, or of this state, shall be subject to military duty. (Act of congress, May 8, 1792.) ·

SECT. 2.* In addition to the persons exempted by the laws of the United States, the following shall be exempted from military duty:

1. Judges of the supreme and county courts, judges and registers of probate, county clerks, sheriffs and sheriffs' deputies, high bailiffs and constables.

• Reading of this section altered. See sec. 6 of act of 1843, (No. 2.)

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