Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-04-25
NO. 80.
AN ACT RELATING TO TIE AP-
PREHENSION AND SURRENDER
OF FUGITIVES FROM JUSTICE

AN MI NEkA Inv ~ 80 A1.
OF FUG1TIvES FROM JUSTICE
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. Whenever a person in this
state is charged with an offense commit
ted in another state, and is liable by the
laws of the United States to be deliv
cred over upon demand of the cx-
ccutive of such state, the county court,
presiding judge thereof, a superior judge
or municipal court may, upon complaint
under oath setting forth the offensc and
other matters necessary to bring the
case within the law, issue warrant d.
rected to a sheriff or his deputy to bring
the person SO charged before such judge
or court to answer the complaint pro-
vidcd that such complaint is made at the
request of prosecuting officer of the
state wherein the alleged offensc was
committed.
Sec. ,. If upon examination there is
reasonable cause to believe that the COM
plant is true. and that such person may
be lawfully demanded of the executive
OF this state. he shall, if charged with
capital ofcnsc. be committed to Jail
in the county where arrested there to
be detained until day so appointed as
to allow a reasonable time to obtain the
warrant of such executive.
Sec. g. If person is charged with
an offensc not capital such court or
Judge may order him to recognize, with
sufficient surctics, to appear at day so
appointed and if he fails to recognize,
may commit him to Jail, there to be de-
tanned not exceeding thirty days, unless
sooner discharged by due course of law.
Sec. 4. If the person so recognized
or committed appears before the court
or magistrate upon the day ordered, he
shall be discharged. unless he is de-
mandcd by some person authorized by
the warrant OF the executive to receive
him.
Sec. 5. Any person authorized BY
warrant OF the executive may take such
offender into custody at any time,
whether recognized. committed or dis
charged. and such taking shall be dis
charge of the rccognizance, il any, and
shall not be deemed an escape.
Sec. o. The complainant in every
such case shall pay all the actual costs
and charges, and for the support in Jail
OF person committed as aforesaid at
the rate of four dollars a week. and shall
advance the money therefor from time
to time, or give to the jailer satisfactory
security therefor If the complainant
ncg.ects for twenty-four hours to give
such security or to advance such money
after he has been required by the jailcr
so to do. the jailer may discharge the
person so committed and shall forth
with notify the authority issuing the
warrant
Sec. 7. Whenever a demand is made
upon the governor by the executive oil
any state for the delivery over of per-
son charged in such state with crime
the attorney general, or any other
prosecuting officer, when required by the
governor, shall ascertain and report to
the governor all material facts known
relating to the case, and especially
whether the person so charged is held
in custody or is under recognizance tc
answer for an offcnsc against the laws
OF the United States, or of this state
or by force of any civil process, and
also whether such demand is made con.
formally to law, so that such person
ought to be delivered up.
Sec. g. If the governor is satisfied
that the demand is conformablc to Law
and ought to be complied with, he shall
ISSUE his warrant, under the seal of thu
state, authorizing the agent who shall
make the demand, either forthwith o,
at such time as shall be designated If
the warrant, to take and transport suci
person to the line of the state, at tn,
expense of such agent and shall also
by the warrant. require the civil officer.
within the state to afford all needfu
assistance in the execution thereof.
Sec. 9. Whenever an offender is ap
pretended in neighboring state, and i
may be necessary to carry him through
this state to the place where the offens,
was committed, the county court, pre-
siding. judge thereof, superior judge O.
municipal court. upon application ant
proof that lawful process has issuet
against such offender, shall issue a war
rant under his hand and seal, directed I,
any sheriff or his deputy, or to any per
son by name who shall be sworn to tn
faithful performance of his duty
authorizing such conveyance.
Sec 10. Such person or officer shall
cause the offender to be conveyed T.
the line of this state nearest to the stat
where the oifense was committed, thcr
to be delivered to some proper office
ready to receive him; and all persons t.
whom the warrant may be directed ar
required to obey such order, upon pay
mcnt or tender of the lawful fees there
for.
Sec, II. a sheriff, deputy sheriff, con
stable or other officer or justice of
ncighboring state, with his assistants i
the execution of any lawful process
issuing from and returnablc to any cour
in such state. may pass. and convey sue
persons or things as he may have in hi
custody by virtue of such process
through this state. in as full and ampl
manner as any officer of this stat
might do.
Sec. ia. Il person shall assau
or obstruct any such officer or his assist
ants, passing through this state in til
execution OF any such process, he sha
be liable TO the same punishment as fo
assaultirg or obstruct;ng an officer c
this state
Sec IS. This act shall take cffes
from its passage.