The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-18

ernor, by and with the advice and consent of the
Council, shall appoint in every county one more
commissioners, learned in the law, whose duty il
snail be In their respective counties. when any per
SON In this State is arrested or seized, or in
Danger oil being arrested seized, fugitive
slave, on being informed thereof, diligently and
faithfully to use all lawful means to protect, de-
lend and procure the discharge Of every such per-
son.
SEC. q II shall be the duty of the clerks of
courts In their respective counties, and of any jus
ice OF tho peace in any county in which any
person may be arrested imprisoned as fugi-
tive slave, on the petition of any such commits
sioner, or any other person. setting forth that he
Is informed and believes that any person, whose
name, if known, shall be given in the petition is
seized or arrested imprisoned in any place
within the county fugitive slave by any person
whose name, ii known, shall be given in the petit
ton, which petition shall be verified by the oath Of
the petitioner IL shall Mtreupon be the duty If such
clerk or justice TO issue tcrt of habeas corpus in
Jduor Of the person claimtd fugitive siaue under
ne seal Of the Supreme Judicial Court, The seal of the
sad justice, IN the and manner, as nearly as
may Dc, as is directed in the hundred and eleventh
chapter Of the Revised Statutes and said crt shall be
made retrnabie Jorthtoih to The Supreme judicial
Court if in session in the county in which the
person claimed fugitive slave may be when
the writ ID Issued, and if not 60 in session. before
any justice of the said court
SEC. B. II shall be the duty Of all judicial and
executive officers in this Common wealth. in their
respective counties, who shall know or have good
reason to believe that any person in the Common
wealth ID about to be arrested seized fugi
tive slave, forthwith to give notice thereof to
commissioner OF the county in which the snid per-
son resides or may be found.
SEC d. II, upon the hearing before any Judge, in
racator, Of any tcrit Of habsas corpus issued aror
Of any person claimed as fugitive slars HE SHALL
not BE DISCHARGED By THE JUDGE, he may appeal
from such decision, and claim trial by jury ,chich
shall BE- had at the nert term Of the court in the
county, or at any ADJOURNED session Of said court
before the nett term and the person claimed
fugitive may give bail to the claimant for his
appearance at the next term of the court, or said
adjourned session, in such sum as the judge shall
think sufficient, not exceeding one thousand
dollars, with one more sureties to the satsfac-
ton Of the Judge; and in default of such bail he
shall be committed to the common Jail to await the
trial.
SEC. S. The court to phich such appeal is taken
and any court TO ,phich torit Of habeas corpus IS
retrnabe IN any under this act may and shall
application Of either party to the proceeding grant
ralby jury on aH questions Of fact in bei,ceen
the parties
SEC. 6. The commissioner shall defray all ex-
penses Of witnesses, clerks fees, and officers fees
and other expenses which may be incurred in the
protection and defence of any person seized or ar
rested as fugitive slave; and the same, together
with the reasonable charges of the commss Toner
for his services attorney and counsel in the CASE
shall be paid by the State treasurer, on warrant
to be issued by the governor.
SEC. I. This act shal take effect and after it's
passage.
On Saturday the bill came up in the Massa-
chusetts House Of Representatives tor engross
ment, and was defeated by eleven majority.