Press enter after choosing selection

Law Of Vermont

Law Of Vermont image
Parent Issue
Public Domain
OCR Text

An Act, to extend the right of trial by jury. It is hereby enacted by the General Assembly of the State of Vermont as follows: 1. Whenever an alledged fugitive from service or labor to which he is held under the laws of any other state.shall have escaped into this State, the claim to the services of such alleged fugitive, his identity and the fact of his having escaped from another State of the United States into this State,, shall be determined by a jury. 2. Every writ for the arrest of such fugitive shall be returnable to the county court in the county in which said fugitive shall be arrested. 3. The jury to try the matter aforesaid, shall be drawn in the same manner as for the trial of civil causes from the jurors summoned and attending such court and the said matters shall be tried and determined like any issue of fact in such court. 4. If the finding of the jury be in favor of the claimant upon all matters submitted, the court before whom such hearing shall have been bad, shall grant to such claimant a certificate stating that it appears from the evidence submitted to the jury, that such fugitive, who shall be particularly described in such certificate, doth owe service or labor to the person claiming the same under the laws of some other state in the Union, naming such person, and the state under whose laws such claim is sustained. 5. If the finding of the jury be against the claimant, on any of the matters submitted to them, the person so claimed as a fugitive, shall be forthwith set at liberty, and shall never thereafter be molested upon the same claim; and any person who shall thereafter arrest, detain, or proceed in any manner to retake such alledged fugitive out of this State under any processor preceeding whatever, shall be deemed guilty of kidnapping, and upon conviction shall be punished by imprisonment in the State prison not exceeding ten years. 6. The state's attorney of the county in which any alledged fugitive from service or labor from another state shall be proceeded against by any person claiming such fugitive, shall, upon notice of such proceeding, render his advice and professional services to such alledged fugitive, and shall attend in his behalf on the trial of such claim, and shall receive such compensation therefor, as shall be certified to be just and reasonable by the court before whom the proceedings shall be conducted, to be paid as part of the contingent expenses of the state. --And in case of the omission of such state's attorney so to attend, or to render his professional services, the court before whom the proceeding shall be had, shall assign some attorney of said court, to conduct the defence of such alledged fugitive, and render to him the usual services of counsel, for which he shall receive a compensation to be certified and paid as herein before provided in respect to the state's attorney. 7. Every person, so claimed as a fugitive, shall be entitled to subpoenas for his witnesses from the court before whom the habeas corpus may be returnable, without any fee or charge therefor, and every constable or sheriff to whom any such subpoenas shall be delivered to be served, shall serve the same, and shall be allowed the same fees as for serving a subpoena in the court aforesaid, to be paid as a part of the contingent expenses the state. 8. No person shall be entitled to a writ to arrest a fugitive from labor or service, until he shall have delivered to the court to whom application for such writ shall be made, a bond to the treasurer of this state in the penal sum of one thousand dollars, with two sufficient sureties, inhabitants and freeholders of this state, to be approved by such court, conditioned to pay all costs and expenses that may accrue in the prosecution of said writ legally charge able to such claimant, and also to pay weekly the sum of two dollars to the person having such alledged fugitive in his custody, for the support of such alledged fugitive, so long as he shall remain in custody under such writ, or be detained by the proceedings thereon; and also if any jury empanneled under this act shall render a verdict against such claim, then, that such claimant shall pay all the costs and expenses of the proceedings, including those to which such alledged fugitive shall have been subjected, and in addition thereto, shall pay such alledged fugitive the sum of one hundred dollars and all damages which he may sustain. The said bond shall be filed in the office of the clerk of the county, and may be prosecuted by any person claiming any benefit from its provisions, in the name of the treasurer of this state, but the state shall not be liable for any costs in such suit. 9. No judge or other officer of the state shall grant or issue any certifícate or other process, for the removal from this state of any fugitive from service or labor, otherwise than in pursuance of the provisions of this act; and every such judge or other officer who shall grant or issue any such certifícate or other process, except in the manner prescribed in and by this act, shall be deemed guilty of a misdemeanor, and liable to punishment there for. 10. Every person who shall, without the authority of law, forcibly remove or attempt to remove from this state any fugitive from service or labor, or any person who is claimed as such fugitive, shall forfeit the sum of five hundred dollars to the party aggrieved, and shall be deemed guilty of the crime of kidnapping, and upon conviction of such offence, shall be punished by imprisonmont in the state prison for a period not exceeding ten years. 11. This act shall not be so construed as to apply to the relation of master and apprentice, which may exist in any other state.