The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-10-03

such Asimant in a summary manner and upon
satisfactory proof being made, by deposition or
affidavit in writing, to be taken and certified by
such court, judge, or commissioner, or by other
satisfactory testimony, duly taken and certified
by some court magistrate justice of the peace, or
other legal officer authorized to administer an
oath and take depositions under the laws Of the
State or Territory from which such person owing
service or labor may have escaped, with a certih-
cate Of such magistracy or other authority, as
aforesaid with the seal Of the proper court or
officer thereto attached, which seal shall be suii-
cient 10 establish the competency Of the proof
and with proof, ALSO by affidavit, of the identity
Of the person whose service or labor is claimed
to be due aforesaid that the person so arrested
does in fact owe service labor to the person or
persons claiming him OF her, in the STATE or Ter
ritory from which such fugitive may have escaped
as aforesaid and that said person escaped, to make
out and deliver to such claimant his or her agent
or attorney, certificate setting forth the sub
stantiai facts as TO the service or labor dde from
such fugitive to the claimant, and of his or her
escape from the State or Territory in which such
%. ,.o.2s 80 - a. - tBe State OrTerritOTy
in which he or she was arrested. with author
ity 10 such claimapt. bis or her O0eDt AMOR
1eF. 10 use snch reasonable force and restraint
may be necessary, under the circumstances Of the
case 10 take and remove such fugitive person back
to the State or Territory whence he or she may
have escaped as aforesaid In no trial or hearing,
under this fact, shall the testimony of such al
legged fugitive be admitted in evidence; aud the
certificates in this and the first section mentioned,
shall be conclusive Of the right Of the person or
persons in whose favor granted TO remove such
fugitive to the State or Territory from which he
escaped, and shall prevent all molestaton OF such
person or persons by any process issued by any
court, Judge, magistrate, or other person. whomso-
ever.
SEC Aad b. Il larth,T 0ac',d That any per-
son who shall knowingly and willingly obstruct,
hinder, or prevent such claimant, his agent or at
torney or any person or persons lawfully assist
ing him her, or them, from arrestng such fugi-
tive from service or labor either with or without
process as aforesaid or shall rescue or attempt
10 rescue such fugitive from service labor from
the custody Of such claimant, his or her agent or
attorney or other person or persons lawfully as
sisting as aforesaid, when so arrested, pursuant
to the authority herein given and declared or
shall aid abet or assist such person so owing
srf}rp or Afl3p 10 4fgpE3lN directly or indlTeci
w. 10 escape from such claimant, his agent or at
tOEney or other person or persons legally author |
lied as Aforesaid ,PSssRqU barber or conceal such 1
fugitive so rs TO prevent the discovery and arrest
Of such person after notice or knowledge of the /
fact that such person was fugitive from service |
or labor rs aforesaid, shall for either of said Of
thousand dollars, and Imprisonment not exceed /
ing six months, by Indictment and conviction be- |
fore the district court of the United States for /
the district in which such offence may have been /
committed, or before the proper court of criminal
Jurisdiction if committed within any one of the /
organized Territories Of the United States and |
shall moreover forfeit and pay, by way Of civil |
damages to the party injured by such illegal con-
duct, the sum of one thousand dollars for each
=. a 10
action Of debt in any of the district or territorial
courts aforesaid, within whose jurisdiction the
said offence may have been committed.
Sac S. dad L n GiJtk,T gH0ccd That the mar
shals, their deputies, aud the clerks of the said
district aud territorial courts, shall be paid for
their services the like fees as may be allowed to
them for similar services in other cases; and |
where such services are rendered exclusively in /
the arrest, custody, and delivery of the fugitive |
to the claimant his IT her agent or attorney, or |
where such supposed fugitive may be discharged |
out Of custody for the want of sufficient pr0of as
aforesaid, then such fees are 10 be paid in the
whole by such claimant his agent or attorney;
and in all cases where the proceedings are before
a commissioner he shall be entitled TO O fee of ten
dollars in full for his services in each case upon
the delivery of the said certificate to the claimant
his or her agent or attorney fee Of five dol
lars in cases where the proof shall not in the
opinion of such commissioner, warrant such GER
ifcate and delivery, inclusive of all services in
cident TO such arrest and examination, TO be paid
in either case, by the claimant, his or her agent
or etttRtrRet tine aScSss 70 be issued Ny sHthpTgsd
missioners for the arrest and detention of fugi-
tves from service or labor as aforesaid shall also
be entitled TO fee Of FIVE dollars each for each
person he or they may arrest and take before any
such commissioner as aforesaid. at the instance
and request Of such claimant, with such other
fees as may be deemed reasonable by such COM
missioner for such other additional services as
may be necessarily performed by him or them
such as attending at the examination, keeping the
fugitive in custody, and providing him with food
and lodging during his detention, and until the
final determination of such commissioner and in
general for performing such other duties as may
be required by such claimant, his or her attorney
or agent, or commissioner in the premises, such
fees to be made up in conformity with the fees
usually charged by the officers of the courts of
Justice within the proper district or county, as
near as may be practicable, and paid by such
claimants, their agents or attorneys, whether such
supposed fugtves from service or labor be ordered
to be delivered to such claimants by the final de-
termination Of such commissioner or not
SEC Q AHd bcH (urtL.r swc'sd, That upon aGi-
davit made by the claimant of such fugitive, his
agent or attorney after such certificate has been
issued, that he has reason to apprehend that such
fugitive will be rescued by force from his their
possession before he can be taken beyond the
limits of the State in which the arrest is made il !
shall be the duty of the officer making the arrest
TO retain such fugitive in his custody and to re-
move him to the State whence he fled and there to
deliver him TO said claimant his agent or attor-
ney And TO this end, the officer aforesaid is |
hereby authorized and required to employ so
many persons as he may deem necessary to over |
FL,
80 long as circumstances may require The said |
officer and his assistants, while so employed to |
receive the same compensate IN, and to he allowed
the same Ypenses, as are now allowed by law for
transportation Of criminals, to be certified by the
Judge of the district within which the arrest is
made, and paid out Of the treasury of the United
States
SEC 10. Aud b, Il iqdh'r ,HGc,,d, That when any
person held to service or labor in any State or
Territory, or in the District of Columbia, shall
escape therefrom, 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 there
in, or judge thereof in vacation, and make salts
factory proof to such court, or Judge in vacation
Of the escape aforesaid, and that the person es-
Gaping owed service or labor to such party
Whereupon the court shall cause a record to be
made of the matters SO proved, and also general
description of the person escaping, with such
convenient certainty rs may bei anu transcript
of such record, authenticated by the attcstaton
OF the clerk and uf the seal OF the said court being
produced in any other State, Territory, or dis
trct, in which the person so escaping may be
found, and being exhibited TO any judge. commits
sioner, or other officer authorized by the law of
the United States TO cause persons escaping from
service or labor to be delivered up, shall be held
and taken to be full and conclusive evidence Of
the fact of escape, and that the service or labor
Of the person escaping is due to the party in such
record mentioned. And upon the production 10y
the said party Of other and further evidence if
necessary either oral or by affidavit, in addition