The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-26


the delivery Of the said certificate TO the claimant
s or her agent attorney; or "a ice OF hVe dol
lars in cases where the proof shall not, IN the opln-
ION OF such commissioner, warrant such ceruhcate
and delivery inclusive OF all services incident u
such arrest and examination, 10 be PAID IN either
case by the claimant, his or her agent or attorney.
The person on persons authorized 10 execute
the process to be issued by such commissioners for
the arrest and detention of fugtiyes from services
or labor aforesaid shall also be entitled 10 Zee
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 commissioner FOR such other
additional services may be necessarily performed
by him or them; such attending at the exam
nation, keeping the fugitive in custody, and pro-
yiding him with food and lodging during his de-
tention, and until the final determination OF such
commissioner; and in general for performing
such other duties may be required by such
claimant, his or her attorney or agent, or commits
sioner in the premises, such fees TO be made up III
conformity with the fees usually charged by the Of
fcers of the courts of justice within the proper dis
trct or county, as near as may be practicable, ano
paid by such claimants, their agents or attorneys
whether such supposed fugltiycs from service OF
labor be ordered 10 be delivered TO such claimants
by the final determination OF such commissioners
or not.
SEC. o. indie further enacted, That upon ailidavi
made by the claimant of such fugitive, his agent OF
attorney, after such certificate has been issued, thai
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, it shall be the
duty of the officer making the arrest TO retain
such fugitive in his custody, and TO remove mn
TO the State whence he fled, and there to deliver
him to said claimant, his agent, or attorney. Ano
to this end, the officer aforesaid is hereby autho
rized and required to employ so many persons as
he may deem nee essary to overcome such 1orcc
and to retain them in his service long as cir
cufnstances may require. The said ofiicer and his
assistants while SO employed, to receive the same
compensation, and to be allowed the same ex
pcnses, arc now allowed by law for transporta
ton of criminals to be certified by the Judge OF the
district within which the arrest is made, and paic
out of the treasury of the United States.
SEC. 10. And be IL further enacted, That wher
any person held to service OF labor III any State OF
Territory or in the District of Columbia, shall
cape thercirom, the party to whom such service OF
labor shall be due, his her, or their agent or attor
ney may apply TO any court OF record therein, OF
Judge thereof in vacation, and make satIslac'
tory proof 10 such court, or Judge thereof II
vacation, of the escape aforesaid. and that tht
person escaping owed service or labor to suct
party. Whereupon the court shall cause
record TO be made of the matters proved, ans
also n general description of the person 80 escap
ing, with such convenient certainty as may be
and transcript of such record, authenticated bJ
the ttestation of the clerk and OF the seal OF the sale
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 th'
law of the United States TO cause persons escaping
from service or labor TO be delivered up, shall b.
held and taken to be full and conclusive evidenc,
of the fact of escape, and that the service or abo
of the person escaping is due to the party IN suci
record mentioned. And upon the production by
the said party Of other and further evidence if ne
ccssary, either oral by affidavit, in addition tc
what Il contained in the said record of the identity
of the person escaping, he she shall be delivered
up TO the claimant And the said court, commits
sioner, Judge, or other person authorized by th
act 10 grant certificates to claimants OF fugitiyes
shall, upon the production of the record and othe
evidences aforesaid grant 10 such claimant a Ger
tificate of his right to take any such person den
fled and proved 10 be owing service or labor al
aforesaid, which certificate shall authorize suci
claimant TO seize arrest and transport sucl
person to the State or Territory from which Ia
escaped Provided, That nothing herein containec
shall be construed requiring the production of 2
transcript Of such record evidence as aforesaid
But in it's absence the claim shall be heard and de
termined upon other satisfactory proofs, compe
tent in law.