North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-04-09

proceeding punishable by the preceding section may
maia'ainan action shereforin any court comPeteHtto
SRc. 2. In every case, civil or criminal. arising
under this act, the legal presumption shall be thai
person living within the place Of this Commonwealth
is held 70 service or labor and has escaped therelom
within the meaning of those words IN the constltu-
ton of the United States and it shall be incumbent
on any party that relies upon such holding and es-
cape in his defence establish the same by evidence
SEC 8. Whenever any person Is arrested or I'M
or labor. the supreme court the court of common
pleas at any regular session. or any justice of either
of said courts or any justice of the peace, may,
the petition of the person so arrested or Imprisoned
or Of anv other person acting in his behalf, issue
writ of Iabeas corpus to take the body of the person
so arrested or imprisoned, in the manner and form
provided for in the 11lth chapter of the Revised
Statutes and the WRIT if ISSUED by either of said
courts or any Justice thereof, shall be made returna-
BILE before the or justice issuing the same or
any other Justice of the same court, the discretion
of the Judge issuing the same; and if issued by any
justice of the peace, shall be made returnabe before
the supreme judicial court or the court of common
pleas anyustice OF either of the said courts named
in the writ the discretion of the justice issuing the
same; and the writ may be returnabe any term of
either of said courts not expired when the writ is
sues, at the next succeeding term in any county,
SEC. g. In addition to the persons authorized by
the said 1llth chapter of the Revised Statutes to
serve wrts Of hobeas corpus any constable Of any city
town may, in said city or town, any writ of
h1be1s corpus issued under this act.
SEC. 10. The hole of said lth cha pier shall APP
ply to all proceedings under this act unless they are
inconsistent with any provisions of this act.
Sec. IL. Whenever the person arrested or impris.
oned the ground of his being held to service or
labor shall not, the hearing, be discharged By the
Judge court before whom the writ is returned he
may claim jury trial before the court of which the
Judge who heard the case is a member, entering
into recognisance, with sufficient surety sureties
before said Judge court for his appearance at the
said court at the next term thereof in the same
ty, and prosecuting his appeal to final judgment.
The penalty of such recogniSance shall in no case
exceed one thousand dollars.
SEC. 10. The court to which the said appeal is
made shall direct trial by jury of all questions in
controversy under habsas corpus between the person
arrested imprisoned and the claimant; and the YER
dict of such jury shall be final and conclusive and
judgment shall be entered thereon and the Common
wealth shall pay all the expenses of justice fees.
ing the writ of habeas corpus, witness fees,
ing witnesses, and clerks tees, which may be incur
red by any person obtaining writ of ha6eGs corpus
under this act. .-. .4 -.-...-.... T
SEC. 49, This act shall take effect from and after
its passage"
1t remains to be whether this bill will become
a law. We suppose, Of course, it will. 1t is too
much like Massachusetts to allow the hope that the
result will be otherwise.
The New York Legislature is expected soon to
pass series of Resolutions demanding the repeal of
the fugitive law and as soon she comes up for
mally to the line of opposition, and announces her
wish on the subject, we shall have the empire State
of the North, the empire State of the West, and
and Vermont. arrayed in deadly hos
till;y the Constitution and the continuance of
the Union of these States.
Who are the - agitators :" now The South ac-
quesces in the so-called adjustment but what is the
North doing Will the submission prints in this
State, and the special guardians of that defunct
humbug,' the Union party, speak out and let us
know what they think no,u? Noo is the time. 81
lence at time like this, betrays like treason.''