The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-19

full for his services in each case, upon the
delivery OF the said certificate TO the claimant,
his or her agent attorney; or fee OF hve dol
lars in cases where the proof shall not, in the opn
ION OF such commissioner, warrant such certificate
and delivery, inclusive of all services incident TO
such arrest and examination, to be paid IN either
case by the claimant, his her agent attorney.
The person persons authorized TO execute
the process TO be issued by such commissioners for
the arrest and detention of fugitves nom services
or labor as aforesaid, shall also be entitled fee
of five dollars each for each person he 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 commissioner Tor such other
additional services may be necessarily performed
by him or them; such attending at the exam
inatiOn, keeping the fugitive in custody, and pro-
viding him with food and lodging during his de-
tcntlon, and until the hnal determination of such
commissioner and in general for performing
such other duties as may be required by such
claimant, his or her attorney agent, commits
sioncr in the premises such fees TO be made up in
conformity with the fees usually charged by the Of
hcers OF the courts OF justice within the proper dis
trict or county, near IA may be practicable, and
paid by such claimants, their agents or attorneys,
whether such supposed fugitves from service or
labor be ordered 10 be delivered to such claimants
by the final determination of such commissioners
not.
SEC. 9. And be bicr enacted That upon affidavit
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 remove him
to the State whence he fled, and there to deliver
him TO said claimant his agent, or attorney. And
to this end, the officer aforesaid is hereby autho-
rized and required to employ 80 many persons as
he may deem necessary to overcome such force,
and to retain them in his service so long as cir
cumstances may require. The said officer and his
assistants, while employed, to receive the same
compensation, and TO be allowed the same ex-
penses, as allowed by law for transporta-
ton 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. Ind be IL further enacted, That when
any person held to service or labor in any State or
Territory, or in the District of Columbia, shall
cape thereirom, 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, Judge thereof in vacation, and make
satisfactory proof TO such court, judge in
vacation, of the escape aforesaid. and that the
person escaping 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 so escap-
ing, with such convenient certainty may be;
| and transcript of such record, authenticate by
the attestaton of the clerk and of seal of the said
court, being produced in any other State, Terrific
ry, district in which the person SO escaping
may be found and being exhibited to any judge,
commissioner, or other officer authorized by the
law OF the United states 10 cause persons escaping
from service 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 labor
OF the person escaping is due to the party in such
| record mentioned And upon the production by
| the said party of other and further evidence il
necessary, either oral by affidavit, in addition to
what is contained in the said record OF the identity
of the person escaping he she shall be delivered
| up 10 the claimant. And the said court, commits
sioner, judge, or other person authorized by this
act to grant certificates TO claimants of fugitives
shall, upon the production of the record and other
evidences aforesaid, grant to such claimant a
tcate of his right to take any such person identi-
| ned and proved TO be owing service or labor as
| aforesaid, which certificate shall authorize such
| claimant TO seize arrest and transport such
person to the State Territory from which he es-
| capped: Prorided, That nothing herein contained
shall be construed requiring the production of a
transcript OF such record evidence aforesaid.
But in its absence, the claim shall be heard and de-
termined upon other satisfactory proofs competent
in law.
HOWELL COBB,
Speaker Of The House of Representatives.
WILLIAM r. KING,
President Of The Senate pro tempoTe.
Approved September Is, 1850.
WILLARD FILLMORE.