Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-10-28
An Act for the surrender of Fugitiyes
from GnrVina

his hereby enacted By the General Assemble of
be Sateof VermGnt as folloDS:
SEC. l., Any person or party resident in any
other State in this Union, claiming that any
person in this State has escaped from such
other State, owing such person or party therein
his or her personal service, Shall be entitled to
redress in the manner herein provided and not
otherwise.
Sec. 2. The person or party thus making
claim shall file with one of the Supreme Judges
of this State, by himself, his agent or attorney,
an affidavit setting forth lin a manner binding
as against such claimant,) all of the facts upon
which such claim is based
SEC g. Such claimant shall also, at the
time of filing such affidavit, file with such Judge
good and sufficient bond, signed by a resident
citizen of this State, to the satisfaction of such
Judge in a snm of not less than two thous md
dollars, FOR the benefit Of the person whose SET
vices are thus claimed, conditioned to be void if
such suit or claim be prosecuted to final success
on the part of such claimant, or thus failing,
to become void on condition only of full pay
ment to such person Of and for all damages, costs
trouble and expenses in any way occasioned him
or her by reason Of such proceedings, including
a reasonable sum for his or her attorney and
counsel fees, throughout the entire proceeding
SEC. 4. 1t shall further BE- the duty Of such
claimant, at the present time of the fling of
such affidavit and bond, to deposit with such
Judge such sum in money as such Judge shall or.
der for the purpose of meeting the necessary OK
penses of the proceedings herein provided for
and such judge shall have full power from time
to time to order further deposits for such purpo-
ses and also to order further additional and
sufficient bail for the security and indemnity of
the person whose services are thus claimed
SEC s. Upon the full compliance Of any
such claimant with the conditions and provisions
herein above set forth, it shall be the duty of
such judge to adopt and put in use such means
hy the issuing of such process for the benefit of
sAch claimant as shall be properly adapted to
secure the arrest of the person whose services
IRE thus claimed, and to make such orders in
the premises as shall, at the cost of such claim
ant, detain such person in safe but comfortable
custody till full and fair trial can be had,
which shall be at the first session of the c0un-
ty court in the county where the proceed
ings are instituted, unless at the instance of the
said party, thus held for trial, an adjournment
shall be granted.
Sec. 6. The person thus held shall be enti-
tied to a jury trial by twelve lawful jurors, in
the empanelling Of which the person so put up
on trial shall be entitled to all of the benefits of
the rule of peremptory challenges.
Sec. I. If the jury, under the direction Of
the court, shall decide such cause in favor OF
the person thus held for trial, the same shall be
final and conclusive, and said bond and other
bail shall be held for the full benefit of such
person in the fullest and most ample lawful
manner, according to the purposes for which it
was originally taken.
Sec. 8. If such decision shall be in favor OF
such claimant, the adverse party shall be en-
titled to all the benefit of exceptions and fur
Their proceedings thereon. But if final iudg
ment shall be against the person thus claimed
to owe service, then the court shall, a. the in
stance of the claimant issue to and for sucl
claimant a certificate of the fact and an ordel
of license to such claimant in reasonable way
to remove such person so far only us to the lin
its of this State.
Sec. 8. If any person shall in any way i'm
pede such claimant in the proper effort to re
move such person so offending shall be deemed
liable to the penalties prescribed in section
twelve of chapter one hundred and six in TIL
compiled statutes, for impeding an officer in tn
discharge of his duty,
SEC. 10. 1t any person shall in any way
cause any other person to be arrested on the pre-
tence of being a fugitive from service (exoep
as a convict or criminal,) without proper
compliance with the provisions of this act, tn
person thus offending shall forfeit and pay fin
not exceeding one thousand dollars, and be pun
ished by imprisonment in the state 5 prison no
more than FIVE years nor less than two years.
Sec. IL. All acts and parts of acts in an
way inconsistent with the provisions of this ac
are hereby repealed.
SEC r. This act shall take effect from il
passage.