SECT. 3. When any contract or agreement shall hereafter be made, in writing, for erecting, repairing or altering any house or other building in this state, or for furnishing labor or materials for the purposes aforesaid, the person proceeding in pursuance of such contract or agreement, shall have a lien to secure the payment of the same, upon such house or building, and the lot of land on which the same stands, and the lien hereby created shall continue in force. for the space of three months from the time when payment shall become due for the work, labor or materials furnished as aforesaid.

1. Courts and magistrates forbidden to act under authority of act of Congress of 1793, respecting fugitives from justice and

service.

2. Officers and citizens prohibited from aiding in seizing or detaining any person claimed as a fugitive slave.

3. Prohibition against aiding in removal of fugitive slaves.

courts and officers.

7. State's attorneys to use all lawful means to procure discharge of any person claimed as a fugitive slave.

8. Officers to inform state's attorney of an expected arrest.

9. State's attorney's application sufficient authority for issuing writ of habeas corpus. Writ, when and where returnable.

4. Penalty for aiding in seizing or removing 10. Appeal allowed in certain cases.
fugitive slaves.

5. Penalty for acting under the act of 1793.
6. Above provisions not to extend to U. S.

11. Proceedings upon an appeal. Trial by jury allowed.

SECTION 1. No court of record in this state, nor any judge thereof, no justice of the peace nor other magistrate, acting under the authority of this state, shall hereafter take cognizance of, or grant any certificate, warrant or other process, in any case arising under section three of an act of congress, passed February twelfth, seventeen hundred and ninety-three, entitled "an act respecting fugitives from justice, and persons escaping from the service of their masters," to any person claiming any other person as a fugitive slave, in this state. (Sec. 1 of No. 15 of 1843.)

SECT. 2. No sheriff, deputy sheriff, high bailiff, constable, jailer, or other officer or citizen of this state shall, hereafter, seize, arrest, or detain, or aid in the seizure, arrest or detention, or imprisonment in any jail or other building, belonging to this state, or to any county, town, city, or person therein, of any person for the reason that he is or may be claimed as a fugitive slave. (Sec. 2 of No. 15 of 1843.)

SECT. 3. No sheriff, deputy sheriff, high bailiff, constable, or other officer or citizen of this state, shall transport, or remove, or aid or assist in the transportation or removal of any fugitive slave, or any person claimed as such, from any place in this state to any other place within or without the same. (Sec. 3 of No. 15 of 1843.) SECT. 4. If any such judge, justice of the peace, magistrate, officer or citizen, shall offend against the two preceding sections, such judge, justice of the peace, magistrate, officer or citizen, shall be subject to the penalties provided in section five of this act. (Sec. 4 of No. 15 of 1843.)

SECT. 5. Any judge of any court of record in this state, any justice of the peace or other magistrate, any sheriff, deputy sheriff, high bailiff, constable, or jailer, or any citizen of this state, who shall offend against the provisions of this act, by acting directly or indirectly under the provisions of section three of the act of congress aforesaid, shall forfeit a sum not exceeding one thousand dollars, to the use of the state, to be recovered upon information or indictment, or be imprisoned in the state prison not exceeding five years. (Sec. 5 of No. 15 of 1843 in part.)

SECT 6. This act ($1 to 5) shall not be construed to extend to any citizen of this state acting as a judge of the circuit or district court of the United States, or as marshal or deputy marshal of the district of Vermont, or to any person acting under the command or authority of said courts or marshal. (Last part of sec. 5 of No. 15 of 1843.)

SECT. 7. It shall be the duty of state's attorneys, within their respective counties, whenever any inhabitant of this state is arrested or claimed as a fugitive slave, on being informed thereof, diligently and faithfully to use all lawful means to protect, defend, and procure to be discharged, every such person so arrested or claimed as a fugitive slave. (Sec. 2 of No. 16 of 1850.)

SECT. 8. It shall be the duty of all judicial and executive officers in this state, in their respective counties, who shall know, or have good reason to believe, that any inhabitant of this state is about to be arrested or claimed as a fugitive slave, forthwith to give notice thereof to the state's attorney of the county in which such person resides. (Sec. 4 of No. 16 of 1850.)

SECT. 9. The application of any state's attorney in writing to any one of the judges of the supreme court, or to any circuit judge, signed by said state's attorney in his official capacity, stating in substance the name of the prisoner and the persons detaining him, if known, and that the person arrested, claimed or imprisoned, is arrested, claimed or imprisoned as a fugitive slave, shall be sufficient authority to authorize the issuing of the writ of habeas corpus as provided in [said] chapter thirty-eight of the Revised Statutes, (chap. 41 of this compilation) and said writ may be signed by any one of said judges, or the clerk of the supreme or county court; and said writ shall be made returnable to the supreme or county court, when in session, in the county where such application is made; and in vacation said writ may be made returnable forthwith before either of the judges aforesaid. (Sec. 3 of No. 16 of 1850.) SECT. 10. Whenever the writ of habeas corpus is granted in

vacation, as provided in this act, or as provided by existing laws, if upon the hearing of the same before any one of the judges aforesaid, the person imprisoned, arrested or claimed as a fugitive slave, shall not be discharged, such person shall be entitled to an appeal to the next stated term of the county court in the county where such hearing was had, on furnishing such bail, and within such time, as the judge granting the writ, on hearing the case, shall adjudge to be reasonable and proper. (Sec. 5 of No. 16 of 1850.)

SECT. 11. The court to which such appeal is taken, and any other court to which a writ of habeas corpus in behalf of any such person claimed or arrested as a fugitive slave is made returnable, may and shall, on application of either party to such proceeding, allow and direct a trial by jury, on all questions of fact in issue between the parties, in the matter aforesaid, and the taxable costs of such trial shall be chargeable to the state, whenever the same would be otherwise chargeable to the person arrested or claimed as a fugitive slave. (Sec. 6 of No. 16 of 1850.)

TITLE XXVIII.

CRIMES AND PUNISHMENTS.

Rights of persons who are accused of crimes and
offences.

Offences against the lives and persons of individuals.
Offences against private property.

Forging and counterfeiting.

Offences against public justice.
Offences against the public peace.

Offences against chastity, morality and decency.
Offences against public health.

Offences against public policy.

General provisions concerning crimes and punish

ments.

CHAPTER 102.

RIGHTS OF PERSONS WHO ARE ACCUSED OF CRIMES AND OF

SECTION

FENCES.

BEING IDENTICAL WITH

Chap. 93 of the Revised Statutes, pp. 423-424.

1. Not held to answer unless upon indictment, except.

2. Person accused may defend himself, be heard by counsel and produce witnesses.

3. Not to be convicted, unless by plea or on verdict of jury.

4. Not held to answer for same offence after

SECTION

acquittal by jury.

5. If acquitted on account of variance or upon
exception to the indictment, he may be
held to answer on a new indictment.
6. No person to be punished for an offence,
unless legally convicted.

SECTION 1. No person shall be held to answer, in any court, for an alleged crime or offence, unless upon indictment by a grand jury, except in case of proceedings before a justice, and when a prosecution, by information, is expressly authorized by the statute.

SECT. 2. On the trial of every information or indictment, the party accused may defend himself, be heard by counsel, and have the right to produce witnesses and proofs in his favor, and to meet the witnesses produced against him, face to face.

SECT. 3. No person shall be convicted, for any offence, unless by confession of his guilt in open court, or by admitting the truth of the charge against him, by his plea or demurrer, or by the verdict of a jury accepted by the court and recorded.

SECT. 4. No person shall be held to answer on a second information or indictment for any offence, of which he has been acquitted by the jury upon the facts and merits on a former trial, but such acquittal may be pleaded by him, in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or in the substance of the information or indictment, on which he was acquitted.

SECT. 5. If any person shall, on his trial, be acquitted, upon the ground of a variance between the information or indictment and the proof, or upon any exception to the form or to the substance of the indictment or information, he may be arraigned again on a new information or indictment, and may be tried and convicted for the same offence, notwithstanding such former acquittal.

SECT. 6. No person shall be punished for any offence against the law, unless he shall have been duly and legally convicted thereof, in a court having competent jurisdiction of the cause and the person.

CHAPTER 103.

OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS.

COMPILED FROM

Chap. 94 of the Revised Statutes, pp. 424-428.

5. Second or surgeon in such case, how pun- 10. Woman, indicted for murdering a bastard ished.

6. Conviction or acquittal of the same offence
in any other state, in such case a bar.
7. Challenging another to fight a duel, or fight-

child, may be convicted of a misdemeanor. 11. Manslaughter, how punished. 12. Justifiable homicide.

13. Maiming or disfiguring, how punished.

SECTION

14. Assault, with intent to kill or maim, how punished.

15. Attempt to murder by poisoning, drowning, &c., how punished.

16. Wilful and malicious interference with railroads resulting in personal injury, how punished.

SECTION

punished.

23. Threatening to accuse or injure another, to extort money, &c. from him, how punished.

24. Rape, how punished.

25. Assault with intent to commit rape, how punished.

17. If loss of life ensue, person offending to be 26. Poisoning food, drink, medicine, spring, deemed guilty of manslaughter. well, &c. with intent to kill, how punished.

18. Robbery, by a person armed, &c., how pun- 27. Kidnapping, &c. with intent to send person ished.

19. Assault by person armed with intent to commit murder, how punished.

20. With intent to rob, how punished.

21. Assault by unarmed person with intent to rob or steal, how punished.

2. Robbery by a person not armed, &c., how

out of the state to be sold, &c., how punished.

28. Manufacturing or selling slung shot, how

punished.

29. Carrying, using or attempting to use slung shot, how punished.

SECTION 1. Every person, who shall commit the crime of murder, shall suffer the punishment of death for the same. (Sec. 1 of R. S.)

SECT. 2. If any person shall wilfully and corruptly bear false testimony, with intent to take away the life of any person, and the life of such person be taken in consequence thereof, he shall suffer the punishment of death for the same. (Sec. 2 of R. S.)

SECT. 3. Every person, who shall, within this state, fight a duel and thereby kill any person, shall suffer the punishment of death. (Sec. 3 of R. S.)

SECT. 4. Every person, being an inhabitant or resident within this state, who shall, by previous appointment or engagement made within the same, fight a duel out of the jurisdiction of this state, and, in so doing, inflict a mortal wound upon any person, whereof the person so injured shall afterwards die, within this state, shall be deemed guilty of murder within this state, and may be indicted, tried, and convicted in the county where such death shall happen. (Sec. 4 of R. S.)

SECT. 5. Every person, being an inhabitant or resident of this state, who shall, by previous appointment or engagement made within the same, be the second of either party in such duel as is mentioned in the preceding section, or shall be present as a second or surgeon, when such mortal wound shall be inflicted, whereof death shall ensue within this state, shall be punished by imprisonment in the state prison, not less than five years, or by fine, not exceeding one thousand dollars, and shall also be forever incapable of holding, or of being elected or appointed to, any place of honor, profit or trust under the constitution or laws of this state, and may be indicted, tried and convicted in the county where the death shall happen. (Sec. 5 of R. S.)

SECT. 6. Any person, indicted under either of the two preceding sections, may plead a former conviction or acquittal of the same offence in any other state or county, and such plea, if admitted or established, shall be a bar to all further or other proceedings against such person for the same offence within this state. (Sec. 6 of R. S.) SECT. 7. Every person, who shall engage in a duel with any deadly weapon, although no homicide ensue, or shall challenge another to fight such duel, or shall send or deliver any written or ver