Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-03-05
The Personal Liberty Bill.

The Personal Liberty Bill.
AN ACT, RELATING TO THE WRIT OF H4BEAs
CORPUS TO PERSONS CLAIMED AS EUGI-
TIVE SLAVES, THE RIGHT OF TRIAL BIT JURY
ASb re PREVENT KIDNAPPING ID THIS
STATE.
The People Of tie State of Hisconsis represented
la Seaate aHd Asssm6iy, 90 enact 40 tottoios'
SRcrloS /. The same power is hereby giveR /
to- and the same duties imposed upon the Judg- /
es Fthe county courts of the several counties |
in this State, which are given to and imposed
upon the Judges of the Circuit and Supreme
Courts by the Constitution and Laws of this
State for The purposes hereinafter provided.
9 1t shall be the duty of the District Atter-
news within their respective counties, whenever
any inhabitaut ofthis State is arrested claim
ed as afugtive slave, on being informed there.
Of, diligently and faithfully to use all lawful
means to project, defend, and procure to be dis
charged every such person so arrested or claim
ed as fugitive slave.
& g. The application Of the District Attorney
in writing, to any one ofthe Judges of the Cir
cunt and Supreme Court, or TO any Judge OF the
County or Circuit Courts, signed by said Dis
trict Attorney in his official capacity, stating IN
substance the name of the person, and the name
OF the person OBTAINING him or her, if known, and
that the person arrested, claimed and imprison-
ed az fugitive slave, shall be sufficient author
ity TO authorize the issuing of the writ OF habsas
corpus, az provided in chapter one hundred and
.wenty-four Of the Revised Statutes of Wiscon-
sin, and said writ may be signed by any one OF
the said Judges, or by the Clerk of the Supreme
or Circuit Court; and said writ shall be made
returnable before either the Circuit or County
Court when in Session, in the county where
such application is made, and in vacation said
writ may be made returnable forthwith before
either OF the Judges aforesaid.
"a. It shall be the duty of all Judicial and
Executive officers in this State, in their rsspec
tive counties, who shall know, or have good
reason TO believe that any inhabitant Of this
State is about TO be arrested or claimed as a
fugitive slave, forthwith to give notice thereof
to the District Attorney Of the county in which
such person resides. hlH
). Whenever the writ of habsss corpus is
granted in vacation, as provided i'll this act. or
ss provided by existing laws, if, upon the hear
iliE of the same before any one of the Judges
aforesaid, the person imprisoned, arrested or
claimed rs fugitive slave shall not be dis
charged, such person shall DO entitled TO an ap-
peal TO the next stated term OF the Circuit Court
in the county where such hearing was had, on
furnishing such bail, and within such time as
the Judge granting the writ on hearing the
case, shall adjudge to DO reasonable and proper.
{ 8. The Court to which such appeal is taken,
and any other court TO which a writ of habeas
arrested as fugitive slave is made returnable
ray and shall on tho application of either party
20 such proceedings, allow and direct trial by
Jury on all questions of fact in issue between
tho parties in the matter aforesaid and the
taxable cost of such trial shall be chargeRbe to
the State, whenever the same would be other
wise chargeable to the person arrested or claim
ed as fugitive slave
81. Every person who shall falsely and mali
eip.sly 1aclapa ranrpcert mr. Dratand that any
free person within this State, is slave, or owes
service or labor to any person or persons, with
intent TO procure to aid or assist in procuring
the forcibe removal of such free person from
this State as q slave, shall pay fine of one
thousand dollars, and be imprisoned in the State
prison not more than five nor less than one
year, PrOrided, That nothing in this act shall
be construed as applying to any claim of ser
vice from apprentice for fixed time.
SO. No declaration, representation pre-.
teEce that any person being or having been in
this State is or was q slave, shall be deemed
proved Except by the testimony of at least two
credible witnesses testifying to facts directly
tending to establish the truth of such deelara- |
tiOn, representation or pretence or by legal ev-
idence equivalent thereto: and any person who |
upon any trial arising under this and the fore |
going section, shall falsely and wilifully repre- |
sent or pretend, with intent to aid any party &C.
cused under this act, that any person was or is |
q slave or owes or did owe service or labor to |
any person OF. persons, shall pay fine of one |
thousand dollars, and be imprisoned in the State |
prison not less than one year
3. On the trial of shy prosecution arising |
under this act, no deposition shall be received |
ne evidence.
10. Every person who shall Obstruct any
officer in the service vi any warrant issued in |
accordance with this act or who shall aid in the |
escape Of any person accused under sections
seven and eight of this act or who shall aid in |
the escape of any person accused under said sec l
items seven and eight, while pursued by such |
officer or IN his custody, shall be imprisoned in
the State Prison not less than Que year
II. NO Judgment recovered against any |
person or persons for any neglect or refusal TO |
obey, or any violations of the Act of Congress |
commonly termed the Fugitive Slave Act APP |
proved September 2S. 1885, or any of the pro- 1
visions thereof. shall be lien any real estate
within this State, nor shall any such judgment
be enforceable by sale on execution of any real |
estate or personal property within this State, but |
all such sales shall be absolutely void. and ia
case OF seizure or sale of any personal property
by virtue OF any execution issued on such judg-
ment, any defendant in said execution may |
maintain an action Of replevin, or other action
20 recover possession thereof in the manner pre-
serbed by Law for such actions, on affidavit fled
az required by law, and q further statement /
therein that said execution issued on iudg. |
ment rendered under the provisions Of the act Of
Congress aforesaid; and the provisions Of this |
section shall also apply tojudgments heretofore
rendered.
: IL. This Act shall DO considered a public |
Act, and shall be constructed favOrably by all |
courts and in all places, and shall take effect |
and be in force from and after its passage.
Approved, February 10Th, 1857.
STATE OF WISCONSIN, I
Seeretary's Office. 90
The Secretary of State OF the State of Wis |
consin, does hereby certify, that the foregoing |
Act has been compared with the original en-,
rolled Act deposited in this office, and that the |
same is a true and correct copy thereof, and of |
the whole Of such original.
In witness whereof have hereunto |
L. $ set my hand and affixed the Great |
seal OF the State, at the Capitol in Mad |
son. this twentieth day of February, One Thou. |
saeG Eight Hundred and Fifty-Scyen.
JOHN W. HUNT,
Assistant Secretary Of State.
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Breaking up Of the Ice.
The ice in Rock River. which had |