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aforesaid in the same manner as other contingent charges

against the county.

Acts repealed.

(5692.) SEC. 4. All acts and parts of acts contravening the Contravening provisions of this act are hereby repealed.

SEC. 5. This act shall be in force from and after its passage.

An Act Providing for the Payment of the Fees of Certain Officers for Services rendered in

Criminal Cases.

[Approved April 2, 1819. Took effect June 1, 1813. Laws of 1849, p. 307.]

ness fees in crim

paid by County

(5693.) SECTION 1. Be it enacted by the Senate and House of Defendants' WitRepresentatives of the State of Michigan, That if any person inal cases to be accused of and about to be tried for any crime or misdemeanor, in certain cases. shall make it appear to the satisfaction of the Judge presiding over the Court wherein such trial is to be had, by his own oath or otherwise, that there is a material witness for his defence within the jurisdiction of the Court, without whose testimony he cannot safely proceed to trial (giving the name and place of residence of such witness); and that the accused is poor and cannot obtain the means to pay for subpoenaing such witness, the Judge may, in his discretion, grant an order requiring the proper officer to cause any such witness or witnesses as he may think proper, to be subpoenaed; the expenses whereof shall be audited and allowed the same as other proper charges against the county.


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ting Attorney to

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An Act to Protect the Rights and Liberties of the Inhabitants of this State. (a)

[Approved February 13, 1855. Took effect May 15, 1855. Laws of 1855, p. 413.]

(5694.) SECTION 1. The People of the State of Michigan enact, defend persons That it shall be the duty of the Prosecuting Attorneys within Slaves. 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

(a) For provisions prohibiting the use of Common Jails and other public buildings for the con finement of persons claimed as Fugitive Slaves, see the first Section of Chapter 173, and the second of Chapter 291.

means to protect and defend every such person so arrested or claimed as a fugitive slave.

and trial by Jury

(5695.) SEC. 2. All persons so arrested and claimed as Habeas Corpus fugitive slaves, shall be entitled to all the benefits of the writ secured. of habeas corpus and of trial by jury.

taken from de


(5696.) SEc. 3. If such writ of habeas corpus shall be sued Appeal may be out in vacation, and if, upon the hearing of the same, the cision on Habeas person imprisoned, arrested, or claimed as a fugitive slave, shall not be discharged, such person shall be entitled to an appeal to the Circuit Court for the County in which such hearing shall have been had, on furnishing such bail, and within such time as the officer granting the writ or hearing the case shall judge reasonable and proper.

(5697.) SEC. 4. The Court to which such appeal is taken, court to direct and any Court to which a writ of habeas corpus in behalf of trial by Jury. any such person claimed or arrested as a fugitive slave is made returnable, may and shall, on application of either party to such proceedings, 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 charge- Costs, how charg able to the State, whenever the same would be otherwise chargeable to the person arrested or claimed as a fugitive slave.


not to be impris



(5698.) SEC. 5. No person arrested and claimed as a fugitive Person claimed slave shall be imprisoned in any jail or other prison in this oned in Jail or State; and any person having the care or control of any jail Penalty for vioor prison, and knowingly permitting the imprisonment of such alleged fugitive slave therein, shall be subjected to the payment of a fine of not less than five hundred nor more than one thousand dollars.

person with being

how punished.

(5699.) SEC. 6. Every person who shall falsely declare, Falsely charging represent or pretend, that any free person entitled to freedom Fugitive, etc., is a slave, or owes service or labor to any person or persons, with intent to procure, or aid or assist in procuring the forcible removal of such free person from this State as a slave, shall be imprisoned not less than three nor more than five years in the State prison.

son with intent,

(5700.) Sec. 7. Every person who shall wrongfully and Seizing free permaliciously seize, or procure to be seized, any free personete, how puaentitled to freedom, with intent to have such person held in slavery, shall pay a fine of not less than five hundred nor more than one thousand dollars, and be imprisoned five years in the State prison.

Two Witnesses

required in certain cases.

Claim of person

as apprentice,

this Act.

(5701.) SEC. 8. In all cases arising under the provisions of sections six and seven of this act, the truth of any declaration, representation or pretence, that any person being or having been in this State, is or was a slave, or owes or did owe service or labor to any other person or persons, shall not be deemed proved except by the testimony of at least two credible witnesses, testifying to facts directly tending to establish the truth of such declaration, pretence, or representation, or by legal evidence equivalent thereto.

(5702.) SEC. 9. No declaration, pretence, or representation, etc., nct within that any person is or was an apprentice for a fixed term of years, or owes or did owe service merely as such apprentice for such fixed term, shall be deemed prohibited by this act; and no such declaration, pretence, or representation, that any person is or was such an apprentice for such fixed term, or owes or did owe service merely as such an apprentice for such fixed term, shall be liable to any penalty under this act.

Conflicting Acts repealed.

(5703.) SEC. 10. All acts or parts of acts conflicting with the provisions of this act, are hereby repealed.


CHAPTER CLXXVIII. Of the Rights of Persons who are Accused of Crimes and Offences.

CHAPTER CLXXIX. Of Offences Against the Sovereignty of the State.

CHAPTER CLXXX. Of Offences Against the Lives and Persons of Individuals.

CHAPTER CLXXXI. Of Offences Against Property.

CHAPTER CLXXXII. Of Forgery and Counterfeiting.

CHAPTER CLXXXIII. Of Offences Against Public Justice.

CHAPTER CLXXXIV. Of Offences Against the Public Peace.

CHAPTER CLXXXV. Of Offences Against Chastity, Morality, and Decency.

CHAPTER CLXXXVI. Of Offences Against the Public Health.
CHAPTER CLXXXVII. Of Offences Against the Public Policy.
CHAPTER CLXXXVIII. Of Offences Against Election Laws.

CHAPTER CLXXXIX. Of the Racing of Animals.

CHAPTER CXC. Of the Firing of Woods and Prairies.

CHAPTER CXCI. Of Trespasses on the Public Lands.

CHAPTER CXCII. General Provisions Concerning Crimes and Punishments.

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(5704.) SECTION 1. On the trial of every indictment, or other Party accused criminal accusation, the party accused shall be allowed to be sel, etc. heard by counsel, and he may defend himself, and he shall

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