Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1855-05-31
Price Two cents
Gge qailp SPY.
THURSDAY, MAY 81. IS55-
PERSONAL LIBERTY BILL
Commonwealth of NIas.achu.e,...

ec personal liberty passed The twenty fourth dav !,
March, in the year thousand eight hundred and rt
three shall apply to the Act Of Congress approved Sem
ember eighteenth in the thousand eight hundred
Gnt fifty, entitled San Act amend and supplemenfarv
10, the Act entitled An Act respecting ugves from ms
lice and persons escaping from the service of their
iers.'n ~ mag
SECT p The meaning Of the one hundred and eleventh
chapter OF the Revised Statutes is hereby declared 10 he
mat every person imprisoned restrained of his liberty
Is entitled as OF right and of course to the writ of bb
corpus eSceptin the cases mentioned in the second SEE
ton Of that chapter.
SECT D. The wri Of haBeas corpus may be issued nv
the supreme Judicial COURT the of common pleas nv
any Justices court police court of any town or c ~,
ar court Oh record or by any justice of either of said
courts, or by any Judge Of probate and it NAV he ssned
by any justice OF the peace fno magistrate above named
Is known to said justice to BE- within five miles of the ac
where the party imprisoned restrained and It shall
he returnaole before the supr judicial court or any
enc OF the justices thereof whether the court NAV be in
session or not, and in te m time vacation
SECT t. The supreme judicial court or any iusee of
sai court before whom the writ of ha5eds corDus SHAH
re made returnable sha the application of any party
70 ths procee ing order rial by jury any facts
stated in the return of the officer or as to anv facts a.
ged II it shall appear BY the return the officer or 9TH
rgise that the person whose restraint or Is
IN question is claimed to be held to service or labor IN
another state acd to have escaped from such service or
labor, and may admit said person to bail in SIM, MT
exceeding two thousand dollars In such case ssne NAV
bs joined by general denial Of the facts alleged the plea
may pc not guilty, aud the jury shall have the right To
return general verdict the same discretion as nre
nave IN the trial OF criminal and the findng of
NeTuicU OF not guilty Shal be final and conclusive
SECT o. The court or justice before whom the writ of
ha6eds corpus Is rturnable, shall unless Jury is already
IN attendance by warrant, command the sheriff If tbs
county or ms deputy to summon Jury the manner
PROVIDED IN the chapter of the Revised Stat
utes, to attend OF the time ami place stated in the warrant
at which time and place they shall be empauneed and
having elected foreman by ballot, the issue so framed
ahal DC put 70 them Tor then determination In case one
Jlry shall disagree, the issue may be submitted IN the
other jury, continued the next term at the discre
ton Of the court And in every case of disagreen1en
another be and
provided forthwith or at future day in the discretion
OF the court or justice before whom the writ ia returned
until verdict shall finally be rendered upon the sSne
II any person summoned as juror aforesaid shall
mi TO attend without sufficient cause he shall nav fine
O hfty dollars. And by Of challenges or 9TH
erwse, there shall not be full Jury of the nersons sn
moned the officer attending the hearing shall return
suitable person or persons to supply the deficiency
SECT o. IL any claimant shall appear to demand the
custody or possession Of the person for whose benefit said
writ is sued out such claimant shall in writing the
facts on which he relies with precision and and
neither the claimant of the alleged fugitive nor any per
son interested in his alleged obligation to service mr. ahr
nor the alleged fugitive shall be permitted To testify AZ tb
lal OF the issue and confessions admssions or de-
carnations OF the alleged fugitive against himself shall be
gwen In evidence Upon every question of fact involved
III me ISSUE the burden of proof shall be on the claimant
and the facts alleged and necessary to be established
must eproved by the testimony at least two credible
Witnesses or other legal evidence equivalent thereto and
ny the rules of evidence known ana secured bv the COM
mon law and no er pare deposition or affidavit shall be
received in proof in behalf of the claimant and no pre
proof that the alleged fugitive or any of his ancestors had
osen actually held as slave without proof that such
holding was legal. ~
SECT Z. If any person shall remove from the limits Of
TINS Commonwealth, or shall assist removing tIerefrorn
Or shal come into tue Commonwealth with the intention
o. removing or assisting in the removing thererom or
snail procure or assist in procuring be any
person being in the peace reof who is not SHIELD to ser
vice or labor by the party" making clain1" or who
mas no. escaped" from the 'party" making caim or
whose service or labor is not dueH to the spartyn
making clam," within the meaning of those words in
the constitution OF the United States the pretence that
s9ch person Is SO held or has escaped that his ser
vice or labor duen with the intent to subject
him to such service labor" he shall BE- punished Nv
fine of not less than thousand, nor more than Ave
thousand dollars and by imprisonment in the State Pr
son not less than one nor more than five years.
SECT g. Any PEI sustaining wrong or i-iury by any
proceeding punishable by the preceding section may
MAN IN an action AID recover damages therefor in any
court competent to try the same.
SECT. o. No person while holding any Office of honor
trust or emoument, under the laws Of this Common
wealth. Shall in any capacity issue any or ether
process or grant any e, under by virtue of an
act OF Congress approved the twelfth day of February In
The year one housan hundred and ninety-three
entitled IAN act respecting ugitives fir IN Justice and
persons escaping from the service of their masters or
under or by virtue Of Act of Congress approved the
eighteenth day of September in the year one thousand
eight hundred and fifty, entitled san Act to amend and
supplementary to AN Act respecting fugitives from JUS
ce and persons escaping from the service Of their mas
ets or SHALL in any capacity any such warrant or
0ther process.
Under or by virtue of the Acts Of Congress mentioned in
the preceding section, shall be deemed to have resigned
any commission from the Comm onwealth which he may
possess, his Office shall be deemed vacant and he shall
be forever therea ter ineligible any office of trust hon
or or emoumen under the laws Of this Common wealth.
SECT II. Any person who shall act as counsel or at
trney for any claimant of any alleged fugitive SER
vice or labor under or b. virtue of the Acts of Congress
mentioned in the ninth section Of this act shall be Deem
cd to have resigned any commission from this Common
wealth that he may possess and he shall be thereafter in
capactated from appearing counsel attorney the
Courts of this Commonwealth.
SECT IL. The two preceding sections shall not apply
removal from judicial Office but if either Of the ac-
lions there specified shall be performed by any person
holding judicial Office under CHS Commonwealth, it shall
he considered as violation Of good behavior well as
reason for loss of public confidence and furnishing
sufficient ground, either for impeachment for removal
ly address.
SECT. 10. No person who holds any office under the
laws of the United States which qualities him to issue any
warrant other process to grant any certificate under
the Acts of Congress named in the ninth section of this
act, the same shall at the time hold any
office Of honor trust or emolument under the laws Of
this Commonwealth.
SECT. H. Any person holding any judicial Office under
The Constitution laws Of this Commonwealth who shall
continue for ten days after the passage of this hold
the Office of United States Commissioner or any Office
under the laws Of the United States, which qualities him
to issue warrant other process or grant any GER
deate under the Acts of Congress named in the ninth
section Of this act shall be deemed have violated good
BEHAVIOR to have given reason for loss of public conf
confidence, and furnished sufficient ground either for
impeachment or for removal by address.
SECT. Is. Any sheriff deputy sheriff. jailer coroner,
constable other officer Of this Commonwealth or the
police Of any city or town. any district county, city
town officer any officer member Of the volunteer mi
tia Of this Commonwealth who shall hereafter arresn-
prison, deain return aid in aesting mprsoning,
OBTAINING, returning any person for the reason that he
Is claimed adjudged to be fugitive from service Ia
bor shall be punished by fine OF not less than one thou
sand, than two thousand dollars, and by i'm
prisonment in the State Prison for not less than one
more than two years.
Seer 49, The volunteer militia Of this Commonwealth
shall act in any in the seizure, detention,
rendition Of any person for the that he claimed
or adudged is be fugitive from service labor. Any
member Of the same who shall offend against the prov
Bions Of this secton shall be punished BY fine not less
than thousand and not exceeding two thousand dol
lars and by imprisonment in the State prison for not less
than one nor more than two years.
SECT. IL. The governor by and with the advice and
consent Of tho council shall appoint In every county
or more commissioners learned In the law whose duty L
shall be- In their respective counties when any person In
this State Il arrested szed IN danger Of being ar
rested or seized fugitive from service labor on b.
ing informed thereof diligently and faithfully to use ali
lawful 10 protect defend, and 10 such al
legged fugitive fair and impartial trial by fury and tho
benefits OF the provisions Of this act aud any attorney
whose services are desired by the alleged fugitive az
also act as counsel In the case
sRor u.s. The commissioners shall defray all expenses
Of witnesses, clerks fees and officers fees and other -
penses which may be incurred in the protection and de-
fence OF any person seized arrested as a fugitive from
service labor and the same, together with the
able charges OF the commissioners FOR their services at
toneys and counsel In the case shall be paid BY the State
treasurer, warrant to DO issued by the governor
SECT. ~. No jail prison, or other place Of conhne.
ment belonging TO, used by either the Commonwealth
OF Massachusetts any county therein, shalho used r
the detention imprisonment Of any person accused q
Acts Of Congress mentioned In the ninth section q this
act or accused or convicted OF Ohyructlng resisting