Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-16


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By the Supreme Court which is authorized to set the
same aside for the causes, IN the same manner
and with like effect, verdicts are set ASIDE by the
court in criminal cases, and for other cause
The eth section provides that If the hading OF the
urv Is il, favor If The claimant upon all the matters
su5mued the court or ciicer before whom such hear
ing shall be had shall grant, 10 such claimant or his
agent certificate uvhich shall authorize the person
receiving The same 10 remove the fugitive therein
med, without any unnecessary della through and
out Of the State on N, dreet route 10 IKE State from
which he fled"
In the eth 9th and 10Th sections il IS enacted that
s.. II the finding Of ,he Jury be against the clam
my 81 The matters submitted 10 them, the person
claimed fugitive, shall lie orihw ith sci at ber
tr md stall thereafter Is 1nOeste4 upon the same
ciGim and any person lho shall thereafter 0rr.st, de-
tam or Jroreed anu maaaer 10 reas su eHeged ~
ire oftts STATE, uadtr am pToe,ss proceeding
rhaterer, shall 6e dseaasa guilty 81 siGnaPpiae ana
up0R 'onricfton, saH DC punished BY Imprisonment :"
inc SUITE Prts0n hot eIcts9t"e zen year,.
! = The District Attorney o; the county n which
any alleged tugtye from service labor from another
State shall be proceeded against by any person clam
me- such fugitive, shall, upon notice 81 such proceed
ng rende- hs advice and professional services to sucn
alleged fugitive, and shall attend IN his behalf on the
triil 81 such Clam, ana sinai! recei;c suc
thereon shall be- ccrtitec 10 be Just ana Feasonaoe
b. the couf, ant oi'cef before "hoih we
shall be conducted: 10 NC ia'u as Pa''ot ~
expenses Of the county ana ~ case q "'e 'ns''o"
~ such District Attorney 10 attend 'r 20 reh'ef NJ pro-
essona services, the court or ohcef 2eioc whom L
proceedings shall he had shall assign some oouhseo.
Of the SGpreme Court, N good Standing, 10 cohGuc'
the defence 81 sGch alleged ~ -lTe, an" fede 70 I'm
the usual services OF counsel .ol "h'c" - s"a IS
ccive compensation 70 oe celthea ana ia'I = "'e
before provided IN respect !" the Dstrict attorney
H. Every person 90 claimed as fugitive siaH
II entitled Y sH'P"aaS .o' his Witnesses 'oi -
Court or o4ceF before "hoa' tne "4ot1S 'OP"s -!
Se Fet"fnaOir. without a.! IS - ~
every corstau", sheFin, or marsha, - non, 80
'A4pa"@ s'aH ~ EeFoa 70 = SUI
same, AMI sali y -.""eu VIC SANE ,'es - ~ -
caFaS - the Court q soinihoA tieas % - pa. =
pi'i =. ai'e contingent $" '"se -. !; ,ss.,
e"e": "a jury summoned unteT iAs act determining
- favour q the Claimant
The i section provides ioF tine enforcing o. sAop@
ms for witnesses ana the compelling ot them 70 testify
ana eaacts that 1.-THE fees II the snerh or CONSTANCE
Tor summonng he JnIy, and Of iie jurors, ana q ''e
o;cer hearing ard trying any such ciain s"d " Pat4
IN alc claimant IN al oasss.
The I'll section j. in these words
i 70 person shall BE entitled 10 writ OF AaoedS
corpus fugitive from labor or service, uh
he shall haze delivered 70 the court Or ocer - "hom
application ioT such writ shall be MADE POM y 't
people Of this State ~ the Pena sum % one 'nousaa
dollars. with two sufficient sufei:es, inhabitants ana
irechoiGt:s ~ ihiS @iite, !" - aFiio''e I. 800" ~
q oiiicer, Conditioned - pay az cos's ~
legally carrea5le 10 such claimant, anc also 70 pay
weekly the sum OF two dollars the person having
such altered fugitive IN MS custody, for the sup
BORT Of such alleged fugitive long as ne shall
remain in custody under such wr, Of hGtfas eorPnS Or
be detained b. the proceeding thereon: and also Ina,
Il any u-v impanneed under this act shai! render
verdict a-ainst sGch claim then that suca claimant
snail nav an the costs and expenses Of the proceedings.
,rcldir those 70 which such alleged fugitive shall
b,ca boon subjected md IN addition thereto shall pay
=, s,c aIIr.d fpq,t;ye the sum or one hundred dol
l,-s ..d ,Il 5ansnss which he iav sustain The bond
shah be fled in the Office OF Clerk OF tie County,
and may be prosecuted by any person claiming any
bnea .,,r, lie PROVISIONS in lie name Of the people
. 49,, So. -, H.. ,aonla shall not be liable fo- anv
.oh s,,.
III. It, ana l4;h sections are lmmateral. The 10Th
authorizes ..,he court or officer before any srch tra!
b,ll b sad n, thc opplicaton If e ALLEGED fnyttire
r, n ran, commission f,r the examination Of wit
o II III. STATE and authorizes The adjournment
II ibe hearing from time t. time.
IN line 10th and 18th sections i Is enacted:
10 No Judge or other otncer OF 'his sta'e sha y
IRAN. ar ssre any certificates other process, Tor the
noya from ms State Of any fugitive or Of any per-
on claimed As fugitive from or labour, other
ws. ,han IN pursuance If the provisions Of this act
,,a avr such Judge or other officer who shall grant
ar issue any such certificate or other process except ~
-. ,,,rner prescribed in and IL this act shall be
.4 ,,;.y of !, ,n;sde meanour and liable TO punish
90. tbe-.for
II Every person who shall, without the authority
of law forcb,y remove, attempt TO from 'as
State fugitive from service or iabour, pr any per
son who Is claimed Is such fugitive, shall forfeit the
sum 81 five hundred dollars to the party agsrieved, and
rma conrc;en sfsush oence. shall be punished BY
Imprisonment in the State prison for period not e1,
cee'ns 'sn - obs,r,ct and hinder the re-
eovc5s =" IF faeve Save, could not Be d-y.sd law
NOR papa - 49,, M a-t'rs Of the Constitution Of the
{ 5 could 70. & s"sd TRs assy sna sn
.A ...,, =. =
Ia t. frs, provaes 'As the claim ,nd T. st. the
service q ."s $3.50 Of tho law in connexion
WITH the doctrine avowed by the Governor Of the
state, ana saheuo.en = no.Lsr and what prospect
not be the PTopf5y q a' on, verdct IN his ia
30. under an circumstances Ian = y 80 ,6s
that ury could ever pc imPanhelso I1'n -, ~. ono
active ihohcn'sts OF View on eo"',- ~. -, IL
man to act upon principle c'Dsl l'. ~ So. In
the Executive and Sanctioned - "r,hs claimant
that contingency, verdict ~ ~, ,r,Ls. tha
would be Impossible. ihe -" = !,