Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-11-04
An Act for the Surrender Of Fugitives from

SUBSTITUTE REPORTED BY Mr.. NICHOLSON.
IL is hereJg enacted By the General Assembly
Of the State Of Vermont, as tolfo@s
SEC. |. Whenever 1t is claimed that any
person held to service or labor in one state, un-
der the laws thereof, has escaped into this State,
the proceedings on the application for the de-
livery up of such persons, on claim OF the par
tv to whom service or labor is alledged to DO
due, shall b. IN the manner Following, and not
otherwise
Sec. 2. Such claimant shall by himself, his
agent or attorney, first file with one OF the
Judges of the Supreme Court OF this State, an
affidavit setting forth all the facts upon which
such claim is based.
SEC. 3 Such claimant shall also file with
such Judge good and sufficient bond to the
person whose services are 80 claimed, which
shall be signed by one or more resident citizens
of this State, and shall be in such penal sum
as such Judge shall order, not less than two
thousand dollars, all to the satisfaction OF such
Judge, with condition that s lch claimant shall
prosecute his claim to effect, or in default there
Of, that he shall pay to the other party all loss,
cost, damages, trouble and expense IN any way
occasioned to him. by said claim and the pro-
ceedlngs thereon had
SEC A. Upon full compliance with the con-
ditlons above named, such judge shall issue
his warrant, with minute of the names OF the
obligators, and the penal sum Of said bond,
aud the original affidavit, attached to said war
rant, directed to the proper Officer and therein
commanding him ut the cost OF such claimant,
to apprehcnd the person whose services are SO
claimed, and at the expense OF such claimant to
detain such person in safe and comfortable Gus
tody, and have him to appear before the coun-
ty court next to be holden within and for the
county where said proceedings are instituted, to
answer said claim.
SEC. 5. Said bond, affidavit and warrant
shall he returned to said county court, and said
Judge, before the return day of said warrant
and the county court, thereafter, shall make
= all necessary and proper orders, as to the Gus
tody and support Of the person whose services
are claimed and as to further security of such
person for the prosecution of such claim to Of
feet and may take bail for the appearance o
such person ct court, as in ordinary civil cases
Sec. g. Said claim should be tried upon the
facts set forth in said affidavit, at the term o
the county court to which said warrant is made
returnable, unless said cause shall be continued
at the instance Of the defendant.
SEC. I. Either party may claim a trial by
jury, and challenges shall be allowed to the
defendant agreeably to sections four and five
of chapter one hundred and eleven of the com
piled statutes, and he may also except to an,
ruling or decision of the court, and have sta,
of further proceedings in such way as to hav
: the benefit of such exceptions, according to tbc
usual course in civil cases.
:, SEC. s. In case the verdict shall be for thu
defendant. the court shall render iudgmen
: thereon, and the same shall be final and con
u elusive between the parties, and the SAID bono
on file and other security taken to the defendant
t shall be available to him for the purpose 70
which filed and taken.
SEC. 9. In case final Judgment shall he il
favor of the claimant, the court shall, at his in
stance issue in his behalf certificate Of thu
0 fact, and license to said claimant to remoy
the person of the defendant 50 far only as t
the limits of this State, making no unnecessar.
delay, or using no unnecessary force in such re
moval.
0 Sec. TO- IL any person shall Intentionally i'm
= pede or hinder such claimant in the proper CT
0 fort to remove the defendant under such certifi
!, cate and license, he shall be punished as is pre-
Il vded in section l3 of chapter l05 of the com
piled statutes.
!. Sec. Il. If any person shall, in any WA.
), otherwise than is provided in this act, caus
IN another to be arrested upon the claim or pre-
!. tenco that the person arrested is Il fugitlv
# from service, as described in the first section
l. this act, he'shall be punished by Imprisonment
f. to the State prison not more than five yeal
r. nor less than two years, and be fined not exceed
! ing one thousand dollars.
!. SEC. II. All acts and parts of acts in an
% way inconsistent with the provisions of this az
n are hereby repealed.