Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1850-09-26

providing him with food and lodging
during his detention, and until The 6n-
al determination Of such commission
er; and in general for perfarming such
other duties as may be required by
such claimant, his or her attorney or
agent, or commissioner in the preMi-
scs, such fees to be made up in cOnfor.
nifty with the fees usually charged by
the officers Of the courts ofjus,ice with
in the proper dirtrict or county, as near
as may be practicable, and p,id by
scch claimants, their agents or attor-
neys, whether such supposed fugi,ives
from service or labor De ordered to be
delivered to such claimants by the final
determination Of such commissioners
or not.
H SEC. 8. And be It further enacted,
That upon affidavit made by the clai-
ment Of such fugitive, his agent or at
torney. after such certificate has been
issued, that he has reason to apprehend
that such fugitive will be rescued by
force frrm his or their possession be-
fore he can be taken beyond the limits
Of the State in which the arrest is made,
it shall be the duty Of the officer max
ing the arrest to retain such fugitive in
his custody, and to remove him TO the
State whence he fed, and there to de-
liver him to said claimeant, his agent,
or attorney. And to this end, the Off
Ger aforesaid is hereby authorized and
required to employ So many peysons as
he may deem necessary TO ov fcome
such force, and to retain them in his
service so long as circumstances may
require. The said officer and his assis-
tants, while so employed, to receive the
same compensation, and TO be allowed
the same expenses, as are now allowed
BY law for transportation of criminals,
to be certified by the Judge of the dis
trict within which the arrest is made,
and paid out of the treasury of,he Uni
ted States,
Sec. 10. And be it further enacted,
That when any person held to service
or labor in any State or Territory, or
in the District Of Columbia. shall es-
cape therefr m, the party to whom such
service or labor shall be due, his, her.
or their agent or attorney, may apply
to any court Of record therein, or Judge
thereof in vacation, and make satisfac-
tory proof to such court, or Judge in
vacation, Of the escape aforesaid, and
that the person escaping owed service
or labor to such party. Whereupon
the court shall cause record to be
made ofthe matters so proved, and also
general description Of the person SD
escaping, with such convenient certain
ty as may be; and transcript of such
record, authenticated by the attestation
of the clerk and of the seal of the said
court, being produced in any other
State, Territory, or district in which
the person so escaping may be found,
aud being exhibited to any Judge, COM
missioner, or other officer authorized
by the law Of the United States to
cause presons escaping from service or
labor to be delivered up, shall be held
and taken to be ful and conclusive evi-
dence Of the fact of escape, aud that
the service or labor of the person es-
Gaping is due TO the party in such re-
cord mentioned. And upon the pro-
ductiOn 10y the said party of other and
further evidence If necc. sary, either
oral or by affidavit, in addition to what
is contained in the said record of tie
identity of the person escaping, he or
she shall be delivered up to the claim
ant. And the said court, commissioner,
Judge, or other person authorized by
this act to grant certificates to claim
ants of fugitives. shall upon the pro-
duction ot the record and other eviden-
ces aforesaid, grant to such claimant
certificate Of his right to take any such
person identified and proved to be ow-
ing service or labor as aforesaid, which
/, certificate shall authorize such claim
ant to seize or arrest and transport
such person to the State or Territory
from which he escaped: Provid,d,
That nothing herein contained shall
be construed as requiring the produc-
ton Of a transcript of such record as
evidence as aforesaid. But in its alb
sence, the claim shall be heard and de-
termined upon other satisfactory proofs,
competent in law.
/ Approved September lS, 1850.
/ HOWELL COBB,
Speaker ofthe House q Representations
/ WILLIAM Il. KING,