In Vermont and Connecticut also, there are provisions in the statutes by which an indifferent person who is not an officer may, under certain circumstances, be authorized by the authority who issues the writ to serve and return the same. In Vermont, if the writ be returnable to the County Court, it should be directed to the proper officer or to an indifferent person who is named in the writ; but if the writ be returnable before a Justice, the appointment of an indifferent person must be by indorsement upon the back.1 In Connecticut the writ or process cannot be directed to an indifferent person unless more defendants than one are therein named and described to be of different counties in the State, or unless in cases of writs of attachment the plaintiff or one of them or the agent or attorney shall make oath in the form required by law.2 In such cases the person so authorized has all the authority of an officer in the service of the writ, and if he accept the writ and authorization, he is bound by all the rules of law, and derives his authority from the writ and not from the plaintiff. He must, however, make his authority known when he undertakes to serve the process. As the indifferent person so authorized to serve a writ is responsible for his acts, a minor or person under twenty-one years of age cannot be specially authorized by a magistrate.5 § 15. Officers not to make Writ. An officer is prohibited from appearing in court as the attorney of any party, and also from filling up or drawing any writ, complaint, declaration, or plea in any case. This prohibition extends to all 1 Vt. Rev. Laws, § 862; see post, $ 17. 2 Conn. Gen. St., § 900. 3 Flinn v. St. John, 51 Vt. 334. 4 Leach v. Francis, 41 Vt. 670. 5 Harvey v. Hall, 22 Vt. 211; Vail v. Rowell, 53 Vt. 109. 6 Me. Rev. St., ch. 80, § 60; N. H. Gen. Laws, ch. 216, § 21; Vt. Rev. Laws, § 2591; Mass. Pub. St., ch. 159, § 45; Conn. Gen. St., §§ 903, 995. officers who are charged with the service of civil process,1 whether it be the officer who is to serve the writ or not.2 In Vermont it has been held that a mere alteration in a writ might be made by an officer; but in an early case in Massachusetts it was decided that any act of the officer in making an alteration would come within the law prohibiting the filling up of any process, and would render the process void.4 It would seem to be the safest course for an officer to refrain from making any alteration whatever in the process. A writ, however, may be drawn by any person, and the same person may afterwards be deputized specially to serve it.5 Whether a writ is made by an officer in violation of law is a question of fact to be determined at the trial of the case in court.6 1 Winchell v. Pond, 19 Vt. 198. 4 Clarke v. Lyman, 10 Pick. 45. 28. Citations, Notices, and Summons for Witnesses. 29. The Return. § 16. Writ, defined. A writ, as the term is commonly used in this country and as applied to civil proceedings, is an order or command in writing, issued in the name of the State by a Court, Judge, or other lawful authority, directed to a Sheriff, Constable, or other proper person, commanding him to do or not to do certain acts therein specified. A writ is frequently called a precept or process, and in the discussion of the law applicable thereto these terms will be used interchangeably. All writs are either original or judicial. An original writ is one by which a civil action between two parties is commenced, and is issued by the party commencing the action, or at his request. A judicial writ is one that is issued by the court or by its order for the purpose of completing that which has been commenced, and which is based upon the record in the suit. - § 17. To whom Directed. Writs are usually directed to a Sheriff or his deputies, and sometimes to the Constables or Town Sergeants. The latter is usually the case with writs from the lower courts. The authority of an officer to serve the writ does not, however, depend upon the direction in the writ; for if a writ which by law a Constable would have no authority to serve, be directed to him, that fact would not give him authority to serve it.1 And on the other hand, if the service of a writ by a Constable is authorized by law, such a writ delivered to him may be lawfully served by him, and such service will be valid, unless objection be made while the suit is pending. It is, however, proper for the the writ which he has is lawfully directed to him, and in case it is not he should see that the direction. is changed before making service. officer to see that 2 In Vermont the authority who issues a writ may direct the same to an indifferent person in any case where it appears to him that no proper officer can be seasonably had to serve the same. In the case of writs returnable to a Justice's Court the authority signing a writ may authorize an indifferent person to serve and return it by an indorsement on the back thereof under his hand and official signature in these words: "I authorize A. B. to serve and return this writ." In all other writs the direction to an indifferent person must be in the writ, in the same manner as it is directed to a Sheriff or Constable.3 As the writ cannot lawfully be signed by the attorney of the plaintiff, so he would have no authority to deputize any person to serve it.4 1 Stewart v. Martin, 16 Vt. 397. 2 Morrell v. Cook, 35 Me. 207. 3 Vt. Rev. Laws, § 862; see ante, 4 Ingraham v. Leland, 19 Vt. 304; St. Johnsbury v. Goodenough, 44 Vt. 662. The distinction between the writs which are returnable to a Justice's Court and all other writs must be carefully observed, as it will not be right for a writ returnable to a Justice's court to be directed to any person; such authority can only be had by indorsement; and a writ returnable to a County Court cannot be served by an indifferent person who is authorized by an indorsement on the back of the writ.2 In case a writ is directed to an indifferent person, the name of the person must be given and he must be described as indifferent. A deputation of "any indifferent person," and a deputation in which the name is left blank, are not authorized, and will give no authority to any person who may serve them as an indifferent person. A writ directed to any Sheriff or Constable "and to A. B." will not give any authority to A. B.; the proper form in such case would be to the Sheriff or Constable "or to A. B., an indifferent person."5 § 18. Officer Bound to Serve. All officers who are qualified to serve civil process are bound to serve such writs and other processes within their respective precincts as are issued by a lawful authority and are properly directed and committed to them, and they are in general authorized to serve such processes even when the town, parish, plantation, religious society, school district, or fire district of which they are members or inhabitants is a party or interested. As a public officer who is entitled by law to receive fees for his services in his office is under no obligation to act until his fees are paid, or secured, or tendered to him, it would 1 Edgerton v. Barrett, 21 Vt. 196. ley v. Paris, 10 Vt. 261. 4 Brooks v. Farr, 51 Vt. 396. 5 Culver v. Balch, 23 Vt. 618. • Me. Rev. St., ch. 80, § 10; N. H. Gen. Laws, ch. 216, § 3; Vt. Rev. 7 Stevens v. Merrill, 41 N. H. 313. See Gardner v. Gardner, 2 Gray, 434. |