The Vermont Statutes Online

Title 12: Court Procedure

Chapter 181: Penal Bonds

• § 5241. Bonds chancered; assessment of damages

  In actions brought to recover the forfeiture annexed to any articles of agreement, covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party, or other specialty given or taken in a civil matter, when the forfeiture, breach, or nonperformance appears by the trial of an issue of fact, by the default or confession of the defendant or upon demurrer, the court in which the action is pending may render judgment for the plaintiff to recover so much as is equitably due. When the sum for which judgment ought to be rendered is uncertain, on the request of either party, the same shall be assessed by a jury.

• § 5242. Damages assessed on breaches assigned

  In actions on bond or for a penal sum for the nonperformance of covenants or agreements contained in a condition, indenture, deed, or writing, the plaintiff may assign as many breaches as he or she chooses. Damages shall be assessed for such breaches as he or she proves and judgment rendered for the whole penalty, and execution shall issue for so much only as is found in damages, with costs.

• § 5243. Damages in case of default

  When in an action designated in section 5242 of this title there is judgment for the plaintiff on a motion to dismiss or for summary judgment, default, or confession, the plaintiff may recover for as many breaches as he or she has pleaded the truth whereof shall be found. The damages shall be assessed and execution shall issue for those damages only with costs. (Amended 1971, No. 185 (Adj. Sess.), § 158, eff. March 29, 1972.)

• § 5244. Action on judgment for other breaches

  The judgment shall remain as a security to the plaintiff or his or her representatives for any other breaches which he or she afterward proves. From time to time he or she may bring an action on the judgment against the defendant or his or her representatives and assign other breaches. Thereupon damages shall be assessed and execution shall issue for the same, with costs. (Amended 1971, No. 185 (Adj. Sess.), § 159, eff. March 29, 1972.)

• § 5245. Action on judgment in Supreme Court

  When in an action designated in section 5242 of this title judgment is rendered for the penalty in the Supreme Court, the action may be brought in the Superior Court in the same county in which the original judgment was rendered. (Amended 1971, No. 185 (Adj. Sess.), § 160, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 5246. Bond of sheriff and high bailiff—action by a creditor after execution returned unsatisfied

  When judgment is rendered against a sheriff or high bailiff for official misconduct, neglect, or default and execution on the judgment is returned unsatisfied or the defendant is committed to jail thereon, the creditor in the execution may bring an action, in his or her own name and right, on the recognizance or bond entered into by the sheriff or high bailiff and his or her sureties for the faithful performance of the duties of his or her office in the Superior Court of the county where the recognizance or bond was taken. (Amended 1971, No. 185 (Adj. Sess.), § 161, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 5247. Judgment

  Unless cause is shown to the contrary on the trial of the action, the court shall render judgment against the sheriff or high bailiff and his or her sureties, in favor of the creditor, for the amount of the execution and charges thereon with interest and costs. (Amended 1971, No. 185 (Adj. Sess.), § 162, eff. March 29, 1972.)

• § 5248. Defense by defendant and sureties

  The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default and the creditor brings an action under section 5246 of this title, the sureties may make any defense which the principal might have made in the original action. (Amended 1971, No. 185 (Adj. Sess.), § 163, eff. March 29, 1972.)

• § 5249. When the principal has removed from the State

  When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, an action founded in contract may be brought directly upon the recognizance or bond of the sheriff or high bailiff and his or her sureties by the party entitled thereto, without first bringing suit against the sheriff or high bailiff. In the action, the sureties may make any defense which their principal might have made if the action had been against him or her directly for the misconduct, neglect, or default. (Amended 1971, No. 185 (Adj. Sess.), § 164, eff. March 29, 1972.)