Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1840-11-16
LAWS OF VERMONT.


AN Aor, to extend the right of trial by Jury.
1t is hereby enacted by the GeneralAssembIy of
the State of Vermont as follows;
/. Whenever an alleged fugitive from service
or labor, to which he is held under the laws of
any other State, shall have escaped into this Stale.
the claim to the services of such alleged fugitive,
his identity aud the fact of his having escaped
from another State of the United States into this
State, shnlI be determined by jury.
2. Every writ for the arrest of such fugitive
shall be returnable 10 tho county court in the
county in which said fugitive shall be arrested
B. The jury to try the matters aforesaid, shall
he drawn ia the same manner ms for the trial of
civil causes from the Jurors summoned and alten-
ding such eourt,and the said matters shall be tried
an1 determined like any issue Of fact in such
court.
d. If the finding of the jury be in favor OF the
claimant upon all matters submitted the court be-
fore whom such hearing shall have been had shall
grant to such claimant certificate stating that il
appears from the evidence submitted 10 the Jury
that such fugitive, who shah be particularly de-
scrihed in such certificate doth owe service or la
borto the person claiming the same under the
laws of some other state in the Union, naming
such person, and the State under whose laws such
claim is sustained.
5. If the finding of the jury he against the
claimant, on any of the matters submitted to them
the person so claimed rs n fugitive, shall he forth
with set at liberty, aud shall never thereafter be
,noested upon the same claim and any person
who shall thereafter arrest, detain, proceed in
any manner to retake such alleged fugitive upon
the same claim, or shall by virtue the same. claim
remove such alleged fugitive out of this state I'M
der any process or proceeding whatever, shall be
deemed guilty Of kidnapping, and upon convic
ton thereof shall be punished by imprisonment in
the State prison not exceeding ten years.
6. The states attorney of the county in which
any alleged fugitive from service or labor from
another state shall be proceeded against by any
person claiming such fugitive, shall, upon notice
of such proceeding, render his advice and pro
fessonal services to such alleged fugitive, and shall
attend in his behalf the trial of such claim, and
shall receive such compensation therefor, as shall
be certified 10 be just and reasonable by the court
before whom the proceedings shall be conducted
to be paid % part Of the contingent expenses o.
the state Aud in case Of the omission Of sucl
states attorney so to attend or TO render his pro-
fessiona services the court before whom the pro
ceedilg shall be had, shall assign some attorney
Of said court, to conduct the defence OF such al
legged fugitive and render to him the usual servi-
ces of counsel, for which he shall receive COM
pensption to be certified and paid as herein before
provided in respect to the states attorney.
z. Every person. so claimed as u fugitive, shall
he entitled to subpoenas for his witnesses from
the court before whom the habeus corpus may he
reurnable, without any fee charge therefor
and every constable or sheriff to whom any such
subpoenas shall be delivered to be served shall
serve The same, and shall be allowed the same
fees as for serving subpoena in the court aiore-
said, 10 be paid as a part of the contingent expen
SEES of the state.
8. No person shall be entitled to writ 20 ar
rest fugitive from labor or service, until he shal
have delivered to the Court to whom application
for such writ shall be made, a bond 20 the treas
urer of this State in the penal sum of one thons'
and collars. with two sufficient sureties, inbabi
tnils and iroeholders of this State, be approved
by such court, conditioned to pay oil costs aud ex
penses that may accrue in the prosecution OF sale
writ legally chargedbe to such claimant, and alst
to pay weekly the sum of two dollars to the per
son having such alleged fugitive in his custody
for the support of such alleged fugitive, so long a
he shall remain in custody under such writ, or bt
detained by the proceedings thereon; and also
any jury empanneled under this act shall rende
verdict against such claim, then that such claim
ant shall pay all the COSTS and expenses of tht
proceedings, including those to which such aileg
edtugitve shall have been subjected, and in ad
dition thereto, shall pay such alleged fugitive the
sum of one hundred dollars and all damages
which he may sustain. The said bond shall b,
filed in the Office of the clerk Of the county, anC
may be prosecuted by any person claiming any
benefit from it's provisions, in the name of th
treasurer of this state, but the state shall not III
liable for any costs in such suit.
9. No judge or other officer in this state shall
grant or issue any certificate or other process, 70
the removal from this state of any fugitive, or O
any person claimed as fugitive from service o
labor otherwise than in pursuance of the provision
OF this act; and every such judge or other oihce
who shall grant or issue any such certificate o
other process, except in the manner prescribed il
and by this act, shall be deemed guilty OF mis-
demeanor, and liable to punishment therefor.
10. Every person who shall, without the au
thority of law, forcibly remove or attempt TO re
move from this state, any fugitive from service q
labor, or any person who is claimed as such fug
tive, shall forfeit the sum of five hundred dollar
to the party aggrievedand shall be deemed guilt
of the crime of Kidnapping, and upon convictio
of such offence, shall be punished by imprisou
ment in the state prison for period not exceed
ing ten years
IL. This act shall not be SO construed as TO ap
ply to the relation of master and apprentice,w hic
may exist in any other state ..-..
Approved, October 90, 1910. .It.-
AN Act to regulate the choice OF IL Cotucir