Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-11-24
Laws Of Vermont.
AN Act, to extend tie right of trial by Jury.

AN Acr, TO extend the right of trial by jury
1t is hereby enacted by the General Assem-
bly, OF the State OF Vermont as follows:
1. Whenever any alleged iugatiyc from SER
vice or labor, to which he is held under the
laws Of any other state, shall have escaped in
to this state, his identity and tho fact of his
having escaped from another state Of the Uni
ted States into this state, shall be determined
by jury.
2. Every writ for the arrest OF UGH fugitive
shall be returnable to the county court ia the
county in which said fugitive shall be arrest
ed.
3. The jnryto try the matters aforesaid shall
be drawn in the same manner as for the trial
OF civil causes from the jurors summoned and
attending said court,and the said matters shall
be tried and determined like any issue OF fact
in such court.
4. IL the finding OF the jury be in favor of
the claimant upon all matters submitted, the
court before whom such hearing shall have
been had, shall grant to such claimant GER
tificate stating that it appears from The evidence
submitted to the jury that such fugitive, who
shall be particularly described in such certl-
cate, doth owe service or labor to 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.
s. If the finding Of the jury be agains, the
claimant, on any of the matters submitted TO
them, the person 80 claimed as a fugitive shall
be forthwith set at liberty, and shall never
thereafter be molested upon the same claim
and any person who shall thereafter arrest
detan, or proceed in any manner TO retake
such alltdged fugitive upon the same claim, or
shall by virtue of the same claim remove such
alledged fugitive out Of this state under any
process or proceeding whatever, shall be
deemed guilty Of kidnapping, and upon con
vlclion thereof shall be punished by imprson-
ment IN the state prison not exceeding ten
years.
6. The States Attorney in any county in
which any alled2ed fugitive fiom 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 aud professional services to such
ailcdged fugitive, and shall ai,cr.d on bis be-
half on the trial OF such claim, and shall re-
ceiye such compensation therefor, as shall be
certified TO be Just and reasonable by the court
before whom the proceedings shall be CON
Quoted, TO he paid as part Of The contingent
expenses or the state. And in case OF tl.e o.
mission of such states attorney so 10 attend,
or TO render his professional services, the
court before whom the proceeding shall he had,
shall assign some attorney OF SAID court. 10
conduct the defence Of such alleged fugitive,
and render to him the usual services Of coun-
sci, for which he shall receive a Compensation
10 be certified and paid as herein before proyi-
ded IN respect to the states attorney
7. Every person, 50 claimed as a fugitive.
shall be entitled 10 subpocnas for his wssess-
es from the court before whom the habeus
corpus may bc Telurnabie, without any fee or
charge therefor, and every constable OF sheriff
10 whom any such suhpoenas shall be deliver
ed 10 be served shall serve the same and shall
be allowed the same fees as for serving a sub
pmna 10 the Court aforesaid, 10 10 paid as
part Of the contingent expenses Of tic state
z. No person sblll he entitled 10 a wrii 10
arrest fugitive fron labor or sersice un,h he
shall have delivered 10 the count 10 whom APP
plcation for such writ shall be made bond To
tho treasurer Of this State ia tie pcaal sum Of
one thousand doll9Ts. with two sufficient sure
ties, inhabitants and free holders Of tits State,
20 be approved by such coufi Conditioned ~
pay al costs and expenses that may accrue in
the prosecution Of sad win legally chsggeable
10 such claimant, aud also 10 pas weekly tue
sum Of two dollars 10 the persDn having such Z
alleged fugitive in his custody, Tor the sup
por Of such alleged fugitive so long "a 10 4
shall remain N custody under such wfI, OF Le 4
detained By The proceedings thereon, and also /
II any jury empannelled under ihia at shall 4
render veTdla n such claim, ihcn. dat
such claimant shall py al TIC cos's aDd es.
9fns0s al the pforerfiggs, I3c.4I1g i.40ao 10
which such siledgsI lneiligs shall save Leea
subjected al IN addition thereto. s'i,n .sv