The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-04
Laws of Vermont.
AN ACT to extend the right of trial by jury

AN ACT TO extend the right OF trial by jury.
n {, hc'ooy c"0tnf ~ ne ue"ci"i .rSaem0fyY
The slate Of Fremont, as follows;
Whenever an aedged fugitive from service
or labor to which he is held under the laws Of any
other State, shall have escaped into this State, the
claim to the services Of such alledgcd fugitive, his
identity and the fact of his having escaped from an
other State of the United States into this State,
shall he determined by IL jury.
p Every writ for the arrest of such fugitive shall
be returnabe to the county court in the county in
which said fugitive shall be arrested.
>, The jury to try the matter aforesaid, shall be
drawn in the same manner for the trial of civil
causes from the jurors summoned and attending
such cout, and the said matter shall be tried and
determined like any issue Of fact in such court.
/. Irthc finding of the jury be in favor of the
claimant upon all matters submitted, the court be-
fore whom such hearing shall have been h,d, shall
grant to such claimant Il certificate stating that it
appears from the evidence submitted to the jury,
that such fugitive, who shall be particularly de-
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Dor TO the person claiming the same under the laws
of some other state in the Mon, naming such per-
son. and the state under whose laws such claim is
sustained
5. 1.-THE finding of the jury be against the claim
ant on any of the matters submitted 10 them, the
person so claimed as fugitive shall be forthwith
set at liberty, and shall never thereafter be MODEST
ed upon the same claim; and any person who shall
thereafter arrest, dc;an, or proceed in any man.
ner to retakc such alleged fugitive upon the same
claim, or shall by virtue Of this claim remove sucl
alleged fugitive out of this state under any process
or proceeding whatever, shall be deemed guilty Of
kidnapping, and upon conviction, shall be punish.
ed by Imprisonment in the State prison not exceed.
ing ten years.
&. The states attorney of the county in whicl
any alleged fugitive from service or labor from an
other state shall he proceeded against by any per
son claiming such fugitive, shall upon notice o
such proceeding, render his advice and professions
nj services to such alleged fugitive and shall attcnC
in his behalf Oh the trial of such claim, and slaI
receive such compensation thereof, as shall be GER
tilted 10 be Just and reasonable by the court before
whom the proceedings shall be conducted to be
paid part Of the contingent expenses of the state
And in case Of the omission of such state attorney
so to attend or to render hs professional services
the court before whom the proceeding shall be had
shall assign attorney of said court, TO ccnduc
the defence of such alleged fugitive, and render t'
him the usual services of counsel, for which h
: shall receive compensation TO be certified an'
paid as herein before provided in respect to thu
states attorney.
I. Every person, SO claimed as fugitive, sha'
be entitled to subprnas for his Witnesses from th'
court before whom the haheas corpus may be re-
lurnablc, without any fee Charge therefor, ant
every constable or sheriff 10 whom any such sub
poenas shall he delivered TO be served, shall scrv'
The saline, and shall be allowed the same fees a
serving subpoena in the court aforesaid, 10 b;
paid as part of the contingent expenses of thu
state.
s. No person shall be entitled TO a writ to ares
fugitive from labor or service. until he shall lay