Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1840-12-02
AN Aor. 10 extend The right of trial by

H
An AcT, 10 extend The right Of trial by
jury.
Il is hereby enacted by the General
Assembly oil the State OF Vermont as fol-
lows:
l. " Whenever an alleged fugitive from
service or labor, 10 which he is held under
the laws Of any other State, shall have
escaped into this State. the claim to the /
services of such alleged fugitive, his iden- |
thy and the TACT Of his having escaped |
from another State of the United States |
into this Slats, shall be determined by jury.
2 Every writ for the arrest OF such |
fugitive ss.ll be returnable to The county
coun ia the county ia which said fugitive
shall b. arrested.
3. The jury to try the matters afore-
said, shall be drawn in the same manner
as for the trial Of civil causes from the iur-
ors summoned and attending such court,
and the said matters shall be tried and de-
tsrmned like any issue offact Ia such court.
a. Ii the finding OF the jury be in fav-
or Of the claimant upon all matters sub
mitted, the court before whom such hear.
ing shall have been had, shall grant to
such claimant certificate stating that it
Appeals from the evidence submitted to
the jury. that such fugitive. who shall be
particularly described in such certificate,
doth owe service or labor to the person
cl.;.n..,. : - e"me under the laws of some
Other state in the Union. naming such
person, and The state unos;s whose laws
such claim is sustained.
5. Iftne finding Of the jury be against
the claimant, on any Of the matters SUBJ
mItted to them the person so 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 hereafter arrest, detain, or pro-
coed in any manner TO retake such al.
leg, fogitive upon the same claim, OIL
shall by virtue of the same claim remove
sucn alleged fugitive out ofthis state un-
der any process or proceeding whatever
shall be deemed guilty of kidnapping, and
upon conviction thereof shall be punished
BY. imprisonment in the State prison moi
exec, ding ten years.
8. The states attorney Of the county in
which any alleged fugitive from service OIL
labor from another State shall be proceed
ed against by any person claiming such
fugitive. shall. upon notice of such pro.
ceeding. render his advice and profession
al services 10 such alleged fugitive, and
shall attend in his behalf on the trial Of
such claim, and shall receive such com.
pensation therefor, as shall be certified to
be Just and reasonable by the court before
whom the proceedings shall be conducted,
TO be paid as part Of the contingent expen-
SEES Of the State. And in case Of the omis-
sion Of such states attorney so to attend,
or TO render his professional services, the
court before whom the proceeding shall
be had. shall assign some attorney of said
coat, 10 conduct the defence of such al.
legged fugitive, and render 10 him the usu-
al services of counsel, for which he shall
receive a compensation 10 be certified and
paid as herein before provided in respect
10 The states attorney.
z. Every person, so claimed as fugi-
tive, shall be entitled to subpoenas for his
Witnesses from the court before whom the
habeus corpus may be returnable, without
any fee or charge therefor. and every con-
stable or sheriff to whom any such sub
poenas shnl be delivered to be served
: shall serve the same, and shall be allow
ed the same fees as for serving a subpoena
10 the court aforesaid, to be paid as part
oithe contingent expenses ofthe State.
8. No person shall be entitled to writ |
to arrest fugitive from labor or service. |
until be shall have delivered 10 the Court
to whom application for such writ shall |
be made. a bond to the treasurer cf this
Safe in the penal sum Of one Thousand /
dollars. with Two sufficient sureiies. inbab.
itanls and freeholders of this State. 10 h.
approved By such court, conditioned -
pay all costs and expenses that may ar.
croe 10 the prosecution VI said writ legal.
Iy chargeable TO such clainaui and also
TO pay weeklylhe sum of two dollars to
the person having such alleged fpgilivel
IN his custody, for the support of such al
legged fugitive, so long as he shall remsin
in custody under such writ, or be detain-
ed by the proceedings thereon; and also FL
il anyjurY empanneled under this act shall e.
render verdict against such claim. ,ben I
that such elaiInan, shall pay ali the costs :
and expenses re proceedings Including :
those % watch such alleeged fugitive shall a
have been subjected, apd in addition there. II
10. shall pay snch alleged fugitive The al
'um Of one hundred dollars and all lama d,
zee which b may susihin. The sad W