The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-27

nish, and thsrsupon. and upon The aAadavit in
vnjtins q sQdh .ov u hin, hAr. or thsiy
sRout OF atgorney, mad9S1e4oTU such oARcer, thai
~ persan or persons n4k6ed 10 said record a.
6gtive ~ fugtives is ~ are, at the time Of such
a@davit being made, within the county where
such officer resides, or within the territorial limits
within which such officer is authorized TO act, il
81 all be the duty of such officer forthwith to issue
his warrant directed is aforesaid provided. and
upon the receipt thereof by the officer to whom
directed; it shall be his duty to execute the same,
and to proceed Herewith in the manner as In
prescribed by the third section of this act.
SIC. -. ind be il further enacted, That II such
fugitive be not delivered up to the person or per-
sons delivering such transcript, or furnishing such
other proof as aforesaid, within days after the
same is delivered or flrnished, and affidavit made
as aforesaid, then it shall be lawful for such claim
ant claimants to institute suit in the circuit or
district Of the United States for such district
TO recover the value Of such fugitive from service
or labor, and the legal expenses incurred in the
attempt to secure such fugitive.
| SEC. =. lind be il further enacted, That at the
time Of ibstutins such suit in the circuit or dis.
trct court aforesaid, the said claimant shall file
declaration IN writing, in which he shall set fortl,
his title to the service or labor Of such fugitive
the proceedings had under the provisions Of this
act to recover such fugitive in the State or terri
tory into which such fugit We has escaped that
proceedings when the same were there commenced
and that such fugitive had not been delivered to
said claimant as required by this act that copy
Of said declaration shall be issued by the clerk OF
said district circuit court, with summons
against the said district attorney, which shall he
delivered to the marshal Of the United States, to
be by him served on the said attorney, and then
returned as in the of other mesne process, TO
said court.
SEC. -. find be it further enacted, That at the
term of said court TO which the said process shall
be returned served, it shall be the duty Of the said
attorney to take issue to the said declaration,
whereupon it shall be the duty OF the said court
to swear jury to try said issues, the said attor-
ney being hereby required to defend the same on
behalf Of the United States and upon the verdict
of the jury in favor of such claimant, to be ZEN
dered upon such legal aud competent testimony
as shall be admitted by the court, Judgment shall
be rendered in said court for the value Of the SER
vice or labor Of such fugitive, as ascertained by
the jury, together with the legal expenses incur
red by the said claimant in the prosecution Of his
said claim.
SEC. -. find be it further enacted, That it shall
and may be lawful for any claimant who may re-
cover judgment aforesaid, to take an authenti-
Gated copy thereof and to present the same to the
Secretary Of the Treasury of the United States,
who is hereby authorized and directed to pay the
same out Of any money in the treasury not other
wise appropriated.
Mr.. MASON proposed to modify the amend
ment Of the senator from Maryland, by inserting
in the fourth section, fifth line, after the word
tissue, I" the following
And whether there was or was not collision on
the part of the claimant, either in the escape of
said fugitive, or in the proceedings for his recov
cry. aR t .4
Also after the word 6 ---," where t first oc-
ours in the tenth line Of the same section, to in.
sert 5000
And that in the opinion Of the jury there was
no such collision.
Mr.. PRATT accepted the foregoing modifca-
tons.
Mr.. DAYTON demanded the yeas and nays on
the amendment Of the senator from Maryland, and
they were ordered
August o.
Mr.. PRATT. | have prepared an amendment,
sir, in order to obviate the difficulties suggested
by the senator from Georgia, which will read:
SEC. -. 4ud be it further enacted, That If at any
time after any fueitves from service or labor shall
be paid for, as herenbefore authorized and re-
quired, it shall be in the power Of the officers
named in this act to apprehend such fugitives, it
shall be the duty Of said officers to apprehend
them, and, as thereafter as may be, to deliv-
err them to their owners, or their representatives,
to whom such payment may have been made; and
upon such delivery it shall be the duty of the
said officers to notify the district attorney, for the
time being, of the district in which the owner may
reside, of such delivery; whereupon the master
shall become liable to the United States for the
value Of such fugitive at the time Of such delivery,
be recovered by the said district attorney Of the
master, by suit in the said circuit court.
This is TO come in as another section, at the end
Of the amendment which have proposed.
The question being taken on the amendment,
it was adopted. 49,
The question was then taken upon MIR. PRArr's
amendment amended, and it was rejected--as
follows: v
YEAs-Messrs Atchison, Badger, Downs,
Foote, Houston, Mangum, Mason, Pearce, Pratt,
and Rusk-l0. df n
NAYs-Messrs. Baldwin, Barnwell Benton,
Davis of Ma ;sachusetts, Davis Of Mississippi,
Dawson, Dayton, Greene, Hamlin, Jones, King,
Phelps, Smith Sturgeon, Turney, Underwood,
Upham, Wales, Whitcomb, Winthrop, and Yu-
Iee-27. 21Q2 G
TO RE CONTINUED.