924 1855Chapter 489.

Jhaf^and"astt- Sect. 3. The citj couiicil shall annually elect a city mar-^'^^^ shal, with such number of assistant marshals, constables and

police officers, as they shall deem expedient.Jeperied*^"*

*''*'' Sect. 4. All acts, or parts of acts, inconsistent withthis act, are hereby repealed.

acl*ep\ed'et"c"'^^^ Sect. 5. This act shall be void unless it shall be accept-ed and approved by a majority of the legal voters of NewBedford, present and voting at meetings called for that pur-pose, in the several wards of said city, at least seven daysbefore the time of holding said meeting. [Approved by theGovernor, May 21, 1855.]

Cyhctp. 489 An Act to protect the Rights and Liberties of the People of the Common-wealth of Massachusetts.

Be it enacted by the Senate and Honse of Representa-tives, in General Court assembled, and by the authority ofthe same, as follows :

t^LnLT^ Sect. 1. All the provisions of the "Act further to pro-tect Personal Liberty," passed the twenty-fotirth day ofMarch, in the year one thousand eight hundred and forty-three, shall apply to the act of congress, approved Septem-ber eighteen, in the year one thousand eight hundred andfifty, entitled " An Act to amend, and supplementary to, theact entitled 'An Act respecting fugitives from justice andpersons escaping from the service of their masters.' "

?ff"2"i^^ ''h- Sect. 2. The meaning of the one hundred and eleventh111, K.B.,aeniied. ~chapter of the Revised Statutes is hereby declared to be,that every person imprisoned or restrained of his liberty isentitled, as of right and of course, to the writ of habeascorpus, except in the cases mentioned in the second sectionof that chapter.

miT^S'isSe^Hts Sect. 3. Thc Writ of habeas corpus may be issued by theof habeas corpus, suprcmc judicial court, the court of common pleas, by any

justice's court or police court of any town or city, by anycourt of record, or by any justice of either of said courts,or by any judge of probate ; and it may be issued by anyjustice of the peace, if no magistrate above named is knownto said justice of the peace to be within five miles of theplace where the party is imprisoned- or restrained, and itshall be returnable before the supreme judicial court, orany one of the justices thereof, whether the court may bein session or not, and in term time or vacation.

dimlnnnai^b^ Sect. 4. Thc supremc judicial court, or any justice ofiestif perso'ifau ^^^^ court bcforc whom the writ of habeas corpus shall beleged to be held jxiadc rctumablc, shall, on the application of any party to the

1855.Chapter 489. 925

proceeding, order a trial by jury as to any facts stated in to serv-ce m an-the return of the officer, or as to any facts alleged, if it shallappear by the return of the officer or otlierwise, that theperson whose restraint or imprisonment is in question isclaimed to be held to service or labor in another State, andto have escaped from such service or labor, and may admitsaid person to bail in a sum not exceeding two thousanddollars. In such case, issue may be joined by a general de-nial of the facts alleged, the plea may be not guilty, and thejury shall have the right to return a general verdict, and thesame discretion as juries have in the trial of criminal cases

;

and the finding of a verdict of not guilty shall be final andconclusive.

Sect. 5. The court or iustice before whom the writ of court may com-''

. . , ,.

ninnrt sheriff to

habeas corpus is returnable shall, unless a jury is already msummoujury.attendance, by warrant, command the sherifl' of the county,or his deputy, to summon a jury in the manner provided inthe twenty-fourth chapter of the Revised Statutes, to attendat the time and place stated in the warrant, at which timeand place they shall be impanelled, and having elected aforeman by ballot, the issue so framed shall be put to themfor their determination. In case one jury shall disagree, theissue may be submitted to the other jury, or continued to thenext term, at the discretion of the court. And in everycase of disagreement another jury may be summoned andqualified as above provided, forthwith or at a future day, inthe discretion of the court or justice before whom the writis returned, until a verdict shall finally be rendered upon theissue. If any person summoned as a juror as aforesaid shallfail to attend without sufficient cause, he shall pay a fine offifty dollars. And if, by reason of challenges or otherwise,there shall not be a full jury of the persons summoned, theofficer attending the hearing shall return some suitable per-son or persons to supply the deficiency.

Sect. 6. If any claimant shall appear to demand the cus- claimant to make., f ,1 /-I 1 n J. t ., statement in wr!-tody or possession oi the person lor wnose beneht said writtm?, etc.is sued out, such claimant shall state in writing the facts onwhich he relies, with precision and certainty ; and neitherthe claimant of the alleged fugitive, nor any person inter-ested in his alleged obligation to service or labor, nor thealleged fugitive, shall be permitted to testify at the trial ofthe issue ; and no confessions, admissions or declarations ofthe alleged fugitive against himself shall be given in evi-dence. Upon every question of fact involved in the issue, Burjen^of^ proofthe burden of proof shall be on the claimant, and the facts

926 1855.Chapter 489.

alleged and necessary to be established, must be proved bythe testimony of at least two credible witnesses, or otherlegal evidence equivalent thereto, and by the rules of evi-dence,known and secured by the common law; and lao exparte deposition or affidavit shall be received in proof in be-half of the claimant, and no presumption shall arise in favorof the claimant from any proof that the alleged fugitive orany of his ancestors had been actually held as a slave, with-out proof that such holding was legal,

rcnaity for re- Sect. 7. If auv Dcrsou shall rcmovc from the limits ofmoving anv per- J tr

'""eirtc? service ^^^^ Commonwealth, or shall assist in removing therefrom,or laoor," etc. or shall comc into the Commonwealth with the intention of

removing or of assisting in the removing therefrom, or shallprocure or assist in procuring to be so removed, any personbeing in the peace thereof who is not " held to service orlabor" by the ''party" making "claim," or who has not"escaped" from the "party" making "claim," or whose" service or labor " is not "due" to the "party" making"claim," within the meaning of those words in the constitu-tion of the United States, on the pretence that such personis so held or has so escaped, or that his " service or labor"is so " due," or with the intent to subject him to such " ser-vice or labor," he shall be punished by a fine not less thanone thousand, nor more than five thousand dollars, and byimprisonment in the State Prison not less than one, normore than five years.

Tn^'h'Ijur.vrefc!" Sect. 8. Any person sustaining wrong or injury by anymay recover dam- proceeding puuishablc by the preceding section, may main-

tain an action and recover damages therefor in any courtcompetent to try the same.

oflu-e"aidM''thif Sect. 9. No person, while holding any office of honor,!iot"loi'ssuewar- trust, or emolument, under the laws of this Commonwealth,rants, etc.

shall, iu any capacity, issue any warrant or other process,or grant any certificate, under or by virtue of an act of con-gress, approved the twelfth day of February, in the yearone thousand seven hundred and ninety-three, entitled " AnAct respecting fugitives from justice and persons escapingfrom the service of their masters," or under or by virtue ofan act of congress, approved the eighteenth day of Septem-ber, in the year one thousand eight hundred and fifty, enti-tled "An Act to amend, and supplementary to, 'An Act re-specting fugitives from justice and persons escaping fromthe service of their masters,' " or shall, in any capacity, serveany such warrant or other process.

1855.Chapter 489. 927

Sect. 10. Any person who shall errant any certificate rersors granting"* cj ./ certificate

928 1855.Chapter 489. ...

imprison, detain or return, or aid in arresting-, imprisoning,detaining or returning;, any person for the reason that he isclaimed or adjudged to be a fugitive from service or labor,shall be punished by fine not less than one thousand, andnot exceeding two thousand dollars, and by imprisonmentin the State Prison for not less than one, nor more thantwo, years.

notl'o'act'inslii't Sect. 16. Thc voluntccr militia of this Commonwealthingfiifeii Ives, etc. gj^all uot act iu any manner in the seizure, detention or ren-

dition of any person for the reason that he is claimed oradjudged to be a fugitive from service or labor. Any mem-ber of the same who shall ofiend agair^st the provisions ofthis section shall be punished by fine not less than onethousand, and not exceeding two thousand, dollars, and byimprisonment in the State Prison for not less than one, normore than two, years.

point"commfs: Sect. 17. The governor, by and with the advice andCO "nt!^ to defend couscnt of the couucil, shall appoint, in every county, one orfugitives. more commissioners learned in the law, whose duty it shall

be, in their respective counties, when any person in thisState is arrested or seized, or in danger of being arrestedor seized as a fugitive from service or labor, on being in-formed thereof, diligently and faithfully to use all lawfulmeans to protect, defend and secure to such alleged fugitivea fair and impartial trial by jury and the benefits of the pro-visions of this act; and any attorney whose services aredesired by the alleged fugitive may also act as counsel inthe case.

bnSrt"'bystate Sect. 18. The commissioners shall defray all expensestreasurer. of witucsscs, clcrks' fccs, and officers' fees, and other ex-

penses which may be incurred in the protection and defenceof any person seized or arrested as a fugitive from serviceor labor; and the same, together with the reasonablecharges of the commissioners for their services as attorneysand counsel in the case, shall be paid by the State treas-urer, on a warrant to be issued by the governor.

usedfoHmprisont Sect. 19. No jail, prisou, or other place of confinementfMi&T'i^si- belonging to, or used by, either the Commonwealth of Mas-tivcs,etc.

sachusetts or any county therein, shall be used for thedetention or imprisonment of any person accused or con-victed of any offence created by either of the said acts ofcongress mentioned in the ninth section of this act, or ac-cused or convicted of obstructing or resisting any process,warrant, or order, issued under either of said acts, or ofrescuing, or attempting to rescue, any person arrested or

1855.--CHAPTER 489. 929

detained under any of the provisions of either of said acts,nor for the imprisonment of any person arrested on mesneprocess, or on execution in any suit for damages or penal-ties accruing, or being claimed to accrue, in consequence ofany aid rendered to any escaping fugitive from service orlabor.

Sect. 20. All the provisions of lavr as to the writ of l^.;;"^^ ^^/a^^'^s^t

habeas corpus, heretofore existing and in force, so far as^^';';;j5%*t/pp'y

applicable, and so far as not hereby changed, shall apply tothe cases arising under this act.

Sect. 21. Nothing in this act shall be construed to Act^not^to^appiyapply to so much of the act of the twelfth of February, one J"^"'^^^^-thousand seven hundred and ninety-three, as relates to fugi-tives from justice.

Sect. 22. All acts, or parts of acts, inconsistent with J;'^3'^*"*^''*'

the provisions of this act, are hereby repealed.Sect. 23. This act shall take effect from and after its

passage.

In Senate, May 21, 1855.

This bill having been returned to the Senate by hisexcellency the governor, together with his objections there-to, the said objections were entered at large on the journal,and the Senate proceeded to reconsider the said bill : andthe question being stated, on agreeing to pass the bill, not-withstanding the said objections, the yeas and nays weretaken thereon, and two-thirds of the members present an-swering in the afiirmative, the senate agreed to pass thesame notwithstanding the said objections.

Henry W. Benchley, President.

House of Representatives, May 21, 1855.

The question being stated, shall this bill be approved,the governor's objections to the contrary notwithstanding ?and being taken, as required by the constitution, by yeasand nays, and two-thirds of the members present and vot-ing thereon having voted in the affirmative, the house ap-proved the same notwithstanding the said objections. ^^

Daniel C. Eddy, Speaker.