3 Vt. 14 | Vt. | 1830
The opinion of the Court was pronounced by
The 24th section of the act regulating judicial proceedings, passed March 2d, 1797,among other things,provides, “ that every writ or process issuing against any sheriff, deputy- “ sheriff,high baliff or constable, for non-feasance, mal-feasance or “ mis-feasance, in their respective offices, shall be served at least “ eighteen days before the session of the court to which the same “ is made returnable.
The justice act (so called) which was passed the 4th March, 1797, directs, “that every writ of summons, or attachment, shall be served at least six days before the time therein appointed for trial.” And the question submitted is, whether a writ against a sheriff for eglect of duty, returnable before a justice of tbe peace, must be served at least eighteen days before the time therein set for trial, as required in the judiciary act; or six days, according to the justice act. The words every writ and process are as general and comprehensive as language can well be, and are not controuled by jurisdiction, but must apply to all writs returnable to any court in the state, unless qualified or restrained by some provision in a subsequent statute. It is contended that the justice act does controul this provision, so far as it respects writs returnable before a justice of the peace. But statutes are to have such a construction given them as that they may all stand, if consistent; always bearing in mind the evil to be remedied by,and object of the legislature in, passing them. It is evident, then, that the reason, why a sheriff by the judiciary act is entitled to six days more notice than other suitors, is, because he is liable to be sued for the neglect of his deputies; and not being supposed to have a particular knowledge of such deputy’s business, he must either give the de
Therefore, the plea in abatement must prevail.
Judgment that the writ abate.