Page images
PDF
EPUB

nor, and forfeits five hundred dollars to the party aggrieved, recoverable in a civil action.

This section is taken from 2 R. S., 3d ed., 658, sec. 29. The reasons for it cannot be better expressed, than by quoting the language of the revisers, in introducing the corresponding provision in the revised statutes. Revisers' Notes, 3 R. S., 2d ed., 783. "No subject," say they, "has given rise to so much irritation in our neighboring states, or is so likely to occasion difficulty in our own, as the arrest and carrying away of fugitives from service. The act of congress vests the very delicate power of determining upon the right of a human being to personal liberty, in any magistrate of a county, city or town corporate, wherein a seizure shall be made." That congress have no right to compel the state courts or magistrates to execute the laws of the Union, is sufficienly established. (See, on this subject, the case of Prigg v. the Commonwealth of Pennsylvania, 16 Peters, 539-674.)

"The case presented in the foregoing sections, is one where the legal knowledge, firmness and independence of our highest judicial officers, seem required, as well to protect the defenceless, as to insure confidence in the decision, and give effect to the claim. The provisions here offered, conform substantially to the act of congress referred to, but vary the details, so as to afford the utmost opportunity for a fair investigation, and to check any abuse of such a claim."

§ 911. The person alleged to be entitled to the service of the person claimed as a fugitive, is designated in this title as the claimant, and the alleged fugitive as the defendant.

§ 912. The application must be founded on proof, by affidavit, setting forth, minutely and particularly, the grounds of the claim to the services of the fugitive, the time of his escape, and where he then is.

Taken from 2 R. S. 3d ed. 654, sec. 7.

§ 913. If the court or magistrate be thereupon satisfied of the existence of the alleged facts, he must issue a warrant to the sheriff of the county where the defendant is, commanding him to take the defendant, and bring him before the court or magistrate issuing the warrant, at a specified time, to answer the clain.

Taken from 2 R. S. 3d ed. 653, 654, sec. 6.

§ 914. The sheriff must thereupon execute the warrant, by arresting the defendant and taking him according to its command, before the court or magistrate by whom it was issued.

Taken from 2 R. S. 3d ed. 654, sec. 8.

§ 915. The court or magistrate must proceed to hear the allegations and proofs of the parties; and must, if required, allow a reasonable time to either party, to produce further necessary proof.

Taken from 2 R. S. 3d ed. 654, sec. 9.

§ 916. If time be allowed, as provided in the last section, the court or magistrate must commit the defendant to the custody of the sheriff of the county, for safe keeping, or may discharge him from actual custody, upon his giving a written undertaking, executed by sufficient sureties, to the effect that the defendant will appear before the court or magistrate, at a specified time and place, to abide the decision of the claim, or that the sureties will pay to the claimant, the sum spe

cified in the undertaking, and which must be an amount deemed sufficient by the court or magistrate.

Taken from 2 R. S. 3d ed. 654, sec. 9.

§ 917. If, upon the hearing of the parties, the court or magistrate be satisfied that the claim is not sustained, the defendant must be discharged; and the claimant thereupon forfeits to the defendant one hundred dollars, recoverable in a civil action. The defendant may also recover in the same action, his costs and expenses in resisting the claim, and the damages he may have sustained.

§ 918. If the claim be sustained, the court or magistrate must grant to the claimant a certificate, stating that it satisfactorily appears that the defendant, (describing him by his name, age, size, and personal appearance,) owes service or labor to the claimant, (stating his name and place of residence,) and allowing the claimant, or his agent named in the certificate, to take the defendant, and convey him to the place of residence of the claimant.

§ 919. The defendant must thereupon be delivered to the claimant, or to his agent named in the certificate, who may remove him through and out of this state, on the ordinary route, to the place of residence of the claimant.

The last three sections are taken substantially from the original revised statutes, 2 R. S., 1st ed. 560, 561, sec. 10

12. They were repealed by an act passed in 1840, giving the defendant the right to a trial by jury; 2 R. S. 3d ed. 654-657, sec. 10-27; but which, according to the case of Prigg v. The Commonwealth of Pennsylvania, 16 Peters, 539-674, is unconstitutional, See also, Jack v. Martin, 12 Wend. 314; S. C., in the court of errors, 14 Wend. 507.

§ 920. No person, claiming that he or another is entitled to the services of a person alleged to be held to labor or service in a state or territory of the United States, can take or remove, or do any act towards removing, from this state, the person whose service or labor is soclaimed, except as authorized by this title.

Taken from 2 R. S., 3d ed. 658, sec. 32.

§ 921. A violation of the last section is a felony, and subjects the person guilty thereof, to imprisonment in the state prison, not exceeding ten years, and to a penalty of five hundred dollars, recoverable in a civil action, by the party aggrieved.

Taken from 2 R. S., 3d ed. 657, sec. 26.

§ 922. No judge or other officer of this state can grant or issue a certificate, or other process, for the removal from this state, of a person claimed, as held to labor or service in a state or territory of the United States, otherwise than in pursuance of the provisions of this title.

Taken from 2 R. S., 3d ed. 657, sec. 25.

§ 923. A violation of the last section is a misde

meanor.

Taken from 2 R. S., 3d ed. 657, sec. 25.

TITLE VI.

OF PROCEEDINGS RESPECTING BASTARDS.

CHAPTER I. Proceedings before magistrates.

II. Appeals from the orders of magistrates.

III. Enforcement of the undertaking for the support of the bastard or its mother, or for appearance on appeal.

The provisions of this title, contained in the three chapters above enumerated, are in substantial conformity with the corresponding provisions of the Revised Statutes, referred to in the notes to the several sections. While those provisions are much condensed, their spirit has been preserved. The Commissioners have, however, omitted the portions of the Revised Statutes, relating to the duties of superintendents and overseers of the poor, and alms-house officers, as belonging rather to the political than the judicial regulations on the subject. In this respect, as in every other embraced in this code, they have confined themselves to matters strictly of a judicial nature.

CHAPTER I.

PROCEEDINGS FEFORE MAGISTRATES, RESPECTING BASTARDS.

SECTION 924.

Definition of a bastard.

925. Who are liable for its support.

926. When bastard, chargeable to the public, is born or likely to be born, application to be made to a justice of the peace or police justice, to inquire into the facts.

927. Examination by the magistrate, and warrant against the father. 928. Justice designated as a magistrate, and person proceeded against as defendant.

929. Warrant, when to be served in another county.

930. Magistrate in anc'her county, may take undertaking for support of bastard and mother, or for appearance of defendant at the sessions.

931. On giving undertaking, defendant to be discharged.

« PreviousContinue »