American watchman and Delaware advertiser., 1827-02-06
daY ol

'his--- day oil --- - A d. one
thousand eight hundred aud By vir
tue of such warrant the person named therein ma,
he arrested by the proper sheriff or constable. tt
whom the same shall be delivered within the propei
county.
Sec. 2. find be it enacted, That no Judge OF
justice ot the peace shallissue warrant on the sp
pca,Ion ct any sgcn, or attorney, provided in the
first section, unless the said agent attorney shaI
III addition TO his own oath affirmation, produce
he affidavit OF the claimant OF The fugitive, ,aken
before and certified by j'sice of the peace 9th
er magst, ate, authorised TO administer oaths IL The
state OF territory io which such claimant shall re
side, and a. companled by certificate OF the author
nv OF such J'slcr or other niags' ate to adminisc
oaths, signLd ~ the clerk or prot honotory ard au
thsntcated by the seal OF court of record IN such
state or territory which affidavit shall state The
sid claimants title tn the service of such fugitive
snd also tbs name, age and description OF the person
Of such fugitive.
SEC 3. find be 1t enacted, That it shall be the
duty OF any Judge or Jusuce OF the peace, when he
grants or issues any warrant under the provision o
he FIRST section o. this act TO make lair record oil
Inc same upon his docket, in W hch he Shall enter
the name aud place of residence OF the person on
whose OATH or sff nation the sad variant may be
granted, and als, il an affidavit shall ave been pro
doCed under the provision OF the second section oil
this act the name and place OF residence Of the per
son making such affidavit, aud the age and descrip
ton of the person oi the sledged fugitive ined
in such affidavit; and shall within ten days lhereaf-
ter, file certified copy thereof in the Office OF the
cletk OF the inferior Courl of Common Pleas OF the
proper county. Acd any judge or justice OF the
pesce who shall 'etuse or neglect 10 comply with
the provisions OF this section, shall be deemed gull
ty of msdemeanor in Office, and shall on conviction
thereof. be sentenced to pay, at the discretion OF the
rn IN dpr,n hon md dol
And that any sheriff or constable receiving and ex
eCuting the said warrant shall, without unnecessa
ry delay, carry the person arrested before the Judge
according to the exgency OF the warrant and any
sheriff constahie who shall refuse or wlully ne
gect so TO do, shall on conviction thereof be sen
fenced to pay, at the discretion Of the court, any
sum not exceeding FIVE hundred dollars or shall al
so be sentenced to imprisonment at hard labor, for
time not exceeding six months or both.
Sec. 4. find be ii enacted, That the said fugitive
from labor or service, when so arrested, shall be
brought before judge aforesaid, and upon proof
to the satisfaction OF such Judge, that the person so
seized arrested 10th under the laws Of the state
or territory from which he she fed, owe service or
labor to the person claiming him or her, it shall be
the duty OF such judge to give certificate thereof
to such CLAIMANT his or her duly authorised agent or
attorney, which shall be sufficient warrant for reno
wing the said fugitive TO the state or territory from
which he or she hcd Provided, That the oath of
the owner or owners, or other persons interested
shall in no case be received in evidence before the
Judge on the hearing Of the case.
Sec. g. find be it enacted. That when the fugitive
shall be brought before the judge agreeably to the
provisions Of this act, and either party shall make
oath affirmation in writing that he or she is no,
prepared for trial BY reasons of the absence of
some material witness whom he or she shall name,
it shali and may be lawful unless security satisfac
tory to the SAID Judge be given for the appearance
Of the said fugitive on 4 day certain, 10 commit the
said fugitive TO the Common Jail for safe keeping
there to be detained at the expense Of the owner,
agent attorney, for such time as the said Judge
shall think reasonable and just, and to day CERTAIN
when the said fugitive shall be brought before him
by hsbeas corpus in the court house OF the proper
county, or in term time ut the chamber Of the said