Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-06-21

exceeding SIX monthsi or both.
Sec. 6. Ind be Il further enacted &c, Tha,,h.
said fugitive from labor or service. wien 40 !,
rested. shall be brought before lodxe a..
foressid and upon proof. TO the satisfaction :,
such Judge, that the person so seized j, !.
rested. doth, under the laws Of the safe or,er
ritory from which he or she led, owe sery;c.
or labor to the person claiming lin or her !,
shall be the duty of such Judge 10 give ce,,;
ficate thereof 10 such claimant, his or bs, A.
~ authorized agent or attorney, which shall \.
sufficient warrant for removing the said fugitive
to the state or territory from which be " sbe
fed: PROVIDED, that the oath Of the owner ..
owneEs, or other person interested, shall in NJ
case Ne received in evidence, before the yudy.
on the hesriHg of the case.
sec.7 .fad be it further enacted SC. Th.,
when the fugitive shall be brought before the
Judge, sgreezbly to the provisions Of this act
snd either party sllecge and prove to the sa,s.
faction of the said Judge, that be Or she Is No,
prepared for trial, and have testimony material
to the matter in controversy that can Be obtain.
ed in a reasonable time, il shall and may h
lasful, unless security satisfactory TO the IuJge
be given for the appearance Of the aid fi,g;-
tive, on a day certain, to commit the said l,,Si.
tive TO the common jail for safe.keeping ,htr.
| to he detained at the expense Of the owner. a
| gent or attorney, Tor such time as the sad
Judge shall think reasonable and Just, and to a
day certain, when the said fugitive shall b.
brought before him by babeas corpus, in the
| court house of the proper county, or in term
time, ut the Chamber Of the Judge, for final
bearing and adjudication: P,ortded, That ifthe
| adjournment of the hearing be requested by the
claimant, his agent or attorney shall give Sc.
curty, satisfactory to The Judge, to appear ard
prosecute his Clam on the day TO which tho
| hearing shall be adjourned; Provsded, That on
| the hearing last mentioned, If the Judge com.
hitting the said fugitive, or taking the securi.
ty as aforesaid should be absent, sick or other.
wise unable to attend, it shall be the duty of
either OF the other Judges, on notice given, to
| attedd 10 the said hearing, and decide thereon.
Sec. 8, And be is further enacted &c That tie
officers WHICH may or shall be employed in the
execution OF the duties OF this act, shall be al.
lowed the same fees for service OF process, that
the sherifis within this Commonwealth are row
allowed for serving process in criminal cases.
! and two dollars and fifty cents day, for each
and every day necessarily spent in performing
| the duties enjoned on them by this act, to be
paid by tie owner, agent or attorney, immedi.
ely on the performance ofthe duties aforesaid,
Sec. 9 ind be it further enacted &c. That no
| Alderman or Justice of the peace ot.this Com.
monweath, shall have jurisdiction, or take cog.
nIz4 nce Of The ease Of any fugitive from labor.
| from any Of the u. S stes or Territories under
q certhn act OF Cong ress, passed on the 18th
day OF Feb. K93. entitled AN pct respecting
fugti,es from justice and persons escaping from
| the service OF their masters" nor shall any AL.
dermsn or Justice of The peace of thisCommon.
wealth, issue or graot any certificate or warrant
| of removal. of any such fugitive from labor "a
| Aforesaid, except in the manner and TO the ef.
| feet provided in the Sd sec. of this act. upon
| the application, affidavit or testimony of any
person or persons whatsoever, under the said
Act of Congress or under any other law, su.
thority Oh act Of Congress otihe U. s; and ifs.
ny Alderman or Justice of the peace ut this
Com wealth, shall contravene the provisions of
this act. take cosniLsDes or jurisdiction OF the
case OF any such fig tive as aforesaid, except
IN the manner heEetn before provided, or shall
grant OF ssue any certificate or warrant of re.
motal at aforesaid. then, and in that case, he
shall be deemed guilty OF msdemeanor in of.
nee, and shall on conviction thereof, be sen.
fenced to nay, ri the discretion OF tue coart. a.
nv sum not less than $500 nor exceeding $1,000
the one half 10 rhe party rrost cutting for the
same, and the other halt to the use OF this CON.
monweaith
Sec. ~. md 6eit further enacted &c. That il
shall be the daty OF the Judge or Recorder, of
any court of record of this Com we slh, when
lie grants CT issues any certificate or warrant of
removal, OF any nsgo or muialto, claimed 10
be fugitive from labor, 10 the State or Tern.
tory from which lie or she fled, in pursuance Of
an act Of Congress, passed on the l2tbFeb. '9S,
entitled an "An act respecting fugitnes from
justice, and persons escaping from the service
OF their masters" and OF th,s act 10 make
far record Of the sane, in which be shall enter
the name. age, sex and = general description OF
the erson Of the regro or mulatto, tor whom
he 81 all grant such certitlcats or warrant Ot re.
moYal together witt the evidence an6 the name
OF The Il ,ces If residence Of the witt esses, and
TIE party claiming such negro or mulatto, and
shall within ten days thereafter. file certified
copy thereof in the Office OF the clerk OF the
court ofGeneral Quarter Sessions If the peace,
or Mayors Court of the city or county in which
be may reside.
Sec. II .3nd be ii further enacted sc That
nothing in this act contained, shall be construed
as repeal or alteration ~ ans part Vt an act OF
Assembly, passed on he 6rst day Of March, ",
entitled San act tor the gradual abolition q
slavery" except the llth sec. of said act which
shereby repealed and supplied, nor OF any pat
Of an act OF Asst mbly, passed on the 2eth DAY
OF March, 1888 emitted "An act 10 explain AND
amend an act tor he gradual abolition of slave.
ry," except the 7lh Sec OF lLls last mentioned
act. which is hereby supplied aud repealed.
JOSEPH RiTNER, Speaker
Of The House Of Representatives.
ALEX'R. MAH0N, SPEAKER Of tho Senate.
|. Approve q, March Is, 1926.