1851. places for crossing the river, and such other points and places as may be designated by the court; to notice the condition and situation of all water craft upon the Kentucky shore of the Ohio river; to report to the proper authority all delinquencies and violation of laws, by those having charge of, or right to keep such water craft. Said patrol may also exercise the powers prescribed to patrols in the first article of this chapter. They shall have power to arrest, without warrant, any person found lurking about, with intention to afford assistance, by advice or otherwise, to any slave to escape from his master, or who may be lurking about for any harmful purpose to the community. §2. Any free person arrested under the authority of the first section of this article, shall be taken before a justice of the peace, and if such person be not of good fame and behavior, or if believed by the justice of the peace to be guilty of the offense described in said section, he shall give bail, in a reasonable sum, to appear at the next circuit court for said county, and answer to the charge of evil fame or evil behavior, or the charge of violating the provisions of said first section. The circuit court shall have power to demand further bail of such person, and may, if believed to be guilty of any offense punishable by law, cause him to be prosecuted for the same. If the person fail or refuse to give the bail required by the justice or the court, he shall be committed and dealt with as other offenders failing to give bail. §3. The patrol, appointed under this article, shall continue in service twelve months, unless sooner discharged by the county court. Any member of the patrol may be dismissed by the county court, and another appointed in his place. The county court shall appoint the captain and four lieutenants for each company of patrols. The officers and men, before entering upon their duties, shall take an oath, faithfully, diligently, and impartially to discharge their duty, as special patrols. 4. All orders touching the duties of said patrol, issued by the captain, or given by him or a lieutenant in person, shall be obeyed by the officers and men; and a willful refusal to obey or execute them, shall be punished by fine, not exceeding five dollars, to be recovered by warrant before a justice of the peace. § 5. The county court may require of the patrols, appointed under this article, jointly or severally, to give bond and surety for the faithful discharge of their duties, which may be put in suit by any person aggrieved or damaged by their acts as such. § 6. For every fugitive slave apprehended by said patrol, or any member thereof, in the county of the residence of his master or owner, and delivered, or lodged in jail, so that the master or owner gets the slave, there shall be paid twenty-five dollars; if apprehended in any other county, fifty dollars, to be paid by the owner of said slave. §7. The county court may limit, by an order, the number of hours in each month, in which the patrol shall be on duty, or leave the same to the sound discretion of the captain. The officers and men shall each be paid out of the fund created for that purpose, a sum not exceeding one dollar and fifty cents for every twelve hours purposely engaged in the discharge of their duties. §8. The county court shall, from time to time, create a fund to pay the expenses of said patrol, by a poll tax on each slave in the county, not exceeding one dollar on each black tithable; which fund shall not be expended or used by the county court for any other purpose. 1851. CHAPTER XVII. FUGITIVES FROM JUSTICE. ARTICLE I. § 1. Upon the demand of the executive of any state or territory of the United States, made upon the governor of this commonwealth, to surrender a fugitive from justice from said state or territory, pursuant to the constitution and laws of the United States, he shall issue his warrant to the sheriff or constable of any county within this state, commanding him to apprehend said fugitive and bring him before some circuit judge. § 2. The circuit judge shall proceed, by the examination of witnesses, to ascertain if the person apprehended be the fugitive demanded and mentioned in the warrant of the governor of this state, and, if satisfied of the identity of the person, the judge shall order him to be delivered up to the agent of the state or territory demanding him, to be transported to such state or territory agreeably to the laws of the United States; otherwise he shall discharge the person from custody. §3. If no such agent be present, the fugitive shall be committed to the jail of the county in which the hearing before the judge is had. Of the fact of commitment the judge shall forthwith inform the governor of this state, and, on demand by the agent of the state upon the jailer, by the authority of the governor of this state, the fugitive from justice shall be delivered up to such agent. If said fugitive be not demanded within three months after his commitment, the jailer shall discharge him. § 4. All costs incurred in apprehending and securing said fugitive, shall be paid by the agent of the state, before he shall be permitted to remove him or receive him into custody. 1851. § 5. If a person shall be charged, by indictment or otherwise, in any state or territory, of the offense of kidnapping, or of removing, by force or otherwise, a person of color from said s'ate, and shall be demanded by the executive of such state or territory of the governor of this state, as a fugitive from justice, and the person shall be apprehended and brought before a circuit judge, as is provided for in the first section of this article, it shall be the duty of the judge not only to inquire into the identity of the person of such supposed fugitive, but he shall also inquire into the fact whether he is the owner of the negro charged to have been abducted, or whether he acted as the agent, friend, or by the permission of the owner, or had his sanction for what he did in the premises; and, if he is satisfied the person arrested was the owner, or acted as his agent, friend, or with his sanction and approbation, the judge shall discharge him; if not so satisfied, the judge shall deal with. him as required by the provisions of this chapter. LAW OF THE UNITED STATES. An act respecting fugitives from justice, and persons escaping from the ser- §2. And be it further enacted, That any agent, appointed as aforesaid, who shall receive the fugitive into his custody, shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And if any person or persons shall, by force, set at liberty or rescue the fugitive from such agent, while transporting as aforesaid, the person or persons, so offending, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year. ARTICLE II. Arrest of persons for offenses committed in another state or territory. §1. A person guilty of felony any where in the United States, if found in this state, may be arrested and confined in jail, and delivered over to the proper authority, in the following manner : 1. A warrant issued by any judicial authority, upon affidavit made of the facts, shall authorize his arrest by any ministerial officer, or other person, to whom it may be directed by name. 2. The person arresting the accused shall immediately ⚫ take him before the circuit judge, the president judge of the county court, or the police judge of a city, in the county in which he was arrested, who shall, upon hearing the evidence, if satisfied of the guilt of the prisoner, commit him to the jail of the county where he was arrested, there to remain sixty days, unless he be legally discharged, or removed upon the demand of the executive of the state or territory in which it is charged that the offense was committed. § 2. It shall be the duty of the person who caused the arrest of such fugitive to be made, to notify the executive. of the state in which the crime was committed. §3..The governor of this commonwealth, upon a proper demand made, shall issue his warrant directing the officer having the custody of the prisoner to deliver him to the agent of the state demanding him, whose duty it shall be to deliver over such prisoner, upon the payment of all legal costs and charges by said agent, or other person. 1851. CHAPTER XVIII. HABEAS CORPUS. § 1. The writ of habeas corpus shall be issued, upon proper application, by the following officers: 1. By a judge of a circuit court, or of any chancery court, during the sitting of the respective courts, or in vacation. 2. Where there is no judge of the circuit or chancery court at the time in the county, then by a police judge of any city or town, or judge of the county court, or in their absence from the county, by a justice of the peace. 1851. The power of a judge of a circuit court or chancery court to issue writs of habeas corpus, shall be co-extensive with the state; that of the county, city or town officers shall extend only to the limits of their respective towns, cities or counties. § 2. Writs of habeas corpus may be granted without the seal of the officer, but shall be signed by him. § 3. The writ of habeas corpus shall be granted forthwith, by any of the officers enumerated in the first section of this article, to any person who shall apply for the same by petition, showing, by affidavit or other evidence, probable cause to believe he is detained without lawful authority, or is imprisoned when, by law, he is entitled to bail. § 4. The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable, as soon as may be, before the circuit or chancery judge of the county in which it may be served, if either be within the county, or, in his absence, before a judge of the county court, or, in his absence from the county, before two justices of the peace. The writ shall specify the time and place to which it shall be returned. § 5. The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the commonwealth, or to the person against whom the writ is directed, conditioned that the person detained shall not escape by the way, and for the payment of such costs and charges as may be awarded against him. The bond shall be filed with the other proceedings in the court, and may be sued on by the commonwealth, for the benefit of any person injured by the breach of it. § 6. The writ shall be served by any qualified officer, or by any private individual designated by the judge, on the person to whom it is directed, or, in his absence from the place where the petitioner is confined, on the person having him in immediate custody. § 7. The writ shall be made returnable within three days after it is served, or, if the person is to be brought more than twenty miles, within so many days more as will be equal to one day for every twenty miles for such further distance, and shall be returned with the person of the petitioner, with the cause of his detention, or his imprisonment, stated in said return. The officer, or other person serving the writ, shall leave a copy with the person on whom it is served, upon which the cause of detention shall be stated, and return the original to the proper officer. §8. If any person, on whom such writ is served, fail to bring the body of the petitioner, with a return of the cause of his detention, at the time and place specified in said writ, he shall forfeit and pay the prisoner one thousand dollars. When the person who applies for a writ of habeas corpus shall not be in the custody of a jailer, or other officer, |