Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-12-04
Az Acr, to extend the RICH, Of trial by jury.

1t is hereby enacted &c. |. Whenever any alleged
fugitive from service labor, to which he is held
under the laws of any other state shall have escaped
into this state his identity and the fact of his having
escaped from another state of the United States into
this state shall be determined by a. jury
3 Every wri, for the arrest Of such fugitive shall be
rcurnable to the county court IN the county in which
sad fugitive shall be arrested.
g. The jury to try the matters aforesaid shall be
drawn in the same manner as for the trial of civil caus-
es from the Jurors summoned and attending said
and the said matters shall be tried and determined
like any issue OF fact IN such court
A. If the finding of the Jury be in favor of the claim
ant upon all matters submitted the court before whom
such hearing shall have been had, shall grant 10 such
claimant Gel nficate stating that II appears from the
evidence submitted To the jury that such fugitive, who
shall be particularly described such certificate, doth
owe service or labor to the person claiming the
under the laws of some other state in the Union nam
ing such person and the state under whose laws such
| clam Is sustained
s. If the finding of the jury be against the claimant,
on any of the matters submitted IN them the person
So claimed as fugitive shall be forthwith SET at Liberty,
and shall never thereafter be molestcd upon the same
clam and any person who shall thereafter arrest re.
tam, or proceed any to retake such ailodged
fugitive upon the claim shall by virtue OF the
same clam such alltdged fugitive out OF this
state under any process or proceeding whatever snail
be deemed eulltyof Kidnapping and upon CONVICTION
thereof shall be punished 10y imprisonment IN the state
prison not exceeding ten year.
G. The States Attorney in any county in whlchany
ailcdged fugitive from service or labor from another
state shall be proceeded against by any person claim
ing such fugitive shall upon notice OF such proceeding
render his advice and professional services to sucf
AiiciGcd fugitive, aud shall attend on MS Deha on IN
trial Of such clam md shall receive such compcnsa
ton therefor, shall be certified to be Just and reason
able by the before whom the proceedings shall
be coniu cted, to he paid part OF the contingent OK
pcnses the state. And in case of the omission o
such states attorney so to attend or To render ~
professional services the court before whom the pro
| sha he had shall of
court conduct the defence of such alleged fugitive
aud render 10 him tine usual services of counsel 10
winch he shall receive compensation to be ccrtihe'
and paid herein before provided IN respect to tn
states attorney.
| T. Every person, so claimed as a fugitive shall b
eutitled to subpoenas for his witnesses from tn
court before whom the habcus corpus may be return
able without any fee or charge therefor and ever
constable or sheriff to whom any such snbpoenas sha
he delivered to be served, shall serve the same, am
shall he allowed the same fees as for serving
subpuna in the court aforesaid to be paid as part
the conngentexpenses OF the state
r g. Noperson shall be entitled to writ to nrres
fugitive from labor service until he shall hay
delivered to the court 10 whom application for suc
writ shall be made, bond to the treasurer of ,hl
State in the penal sum OF one thousand dollars wit
two sufficient srees, inhabitants and irec-holders
this State to be approved by slch court, cond ione
To pay all and expenses that may accrue in III
prosecution of sad writ legally chnrgcable to sue
claimant and also to pay weekly the sum OF Two do
!, custody for the support of such nlledgcd fugitive
long he shall remain in custody under such writ
. be detained by the proceedings thereon ana also
u verdict /, such claim thcr that such claimant shn
e pay all costs and expenses Of the proceedings ncl'
e ding those To which such alleged fugitive shall hay
n been subjected and in addition thereto shall pay sue
II alleged fugitive the of one hundred dollars and
n damages which he may sustain The SAID bond sha
be filed in the office Of the clerk of the county, al
- NAV be prosecuted by any person claiming any bent
n fiji from It's provisions in the name OF the treasurer
o this state bu, the state shnl not be liable for any
IS in such suit. -
O. No Judge or other officer of this state shall graz
or Issue any certificate other process for the n
q moval from this state Of any fugitive or ofany pcrso
If claimed ns fugitive from service or labor o'herw
!, Than in pursuance of the provisions of this act an
"a every such Judge or other officer who shall grant
i ;ssue any such certificate other process, except
e the manner prescribed in and by this act shall !
e deemed guilty Of msdemeanor, and liable to punlsl
70 ment therefor