Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1850-10-10

ant his Dr her agent or attorney, certihca'e set'
ting forth the sub tantial facts us to the service
or labor due from such fugitive to the Claimant,
and of his ur her escape from the State or Ter
ritory in which such service or labor was oue'to
the State or Territory in which he or she was ar
rested, with authority to such Claimant, or nus Or
her agent or attorney, 10 use such reaso iaoie
force and restraint as may be necessary unaer
the circumstances of the case, to take and re-
move such fugltlVn person back to the otate OF
Terrtoy whence he or she may haYe escaped
as aforesaid. In no trial or hearing, under TINS
act, shall The testimony Of such alleged fng'tlve
be admitted in EVIDENCE ami the certlheates IN
this, and the first section mentioned, shail ne
conclusive of the righ, Of the person or persons
IN whose favor granted, to remove such lugl-
tive 10 the State or Territory from which nc or
she escaped, and shall pr vent all molestatlon "l
such prison Of persons, by anV process ISSUED
bv any court Judge, magistrate, or other person.
whomsoever.
SEC. Z. .And be it further enacted That any
person who shah knowingly and willingly o.
-struct, hinder, or prevent such cIalmani, MS a.
gent or attorney, or any person or peisons law
fully assisting hln, her, or them, from arrestlllg
such fugitive from service or labor, either with
or without process as aforesaid; or shall rescue
or attempt to rescue such fugitive from service
or labor, from the custody OF snch claimant, his
or her agent or attorney, or other person or per-
sons lawfully ass sting as aforesaid, when SO ar
rested, pursuant to the authority herein gwen
und declared or shall aid, alb I or assist such
person SO owing service or labor as aforesaid, d.
roctly Or indirectly, to escape from such claim
ant, his agent or attorney, or other person or per-
I 4ons legally authorized as aforesaid; or shall
harbor or conceal such fugve, SO as to prevent
The discovery and arrest OF such person, after
notice or knowledge Of the fact that such per-
son was fugitive from service or labor as afore.
said, shall, tor either of SAID Uffenses, be subject
to fine not exceeding one thousand dollars, and
lmpI lsonmen, not exceeding six months, BY in-
dict rent and conviction before the district court
of the United States foI the district in which
such offence may have been committed, or be-
fore the proper court of criminal jurisdiction. If
committed within any one of the organized Ter
rltories Of the United States and shall noreo
YER forfeit and paw, by way If civil damages to
the party injured by such illegal conduct, tn
sum Of one thousand dollars for each might've so
lost as aforesaid, to be recovered by action of
debt, in any of the district OF territorial courts a.
t)resald, with VIII 'se jurisdiction the said offence
may have been committed.
Sec. 8. find be II further endct'd, That the
mar,hlls, their dGpnles, and the clerks of the
said dstr ct and territorial courts, shall be paid
Tor their services tne like fees as may be allow
ed to them tor similar services IN other causes
aud where snC services are rendered exclusive
y i'll the arrest, custody, and delivery Of the tu.
gitlve 10 The claimant, his or her agent or attor.
ney, or where such supposed fugitive may he
discharged out OF custody for the want OF sutii-
cent proof as aforesaid, then such fees are 70 be
paid in the whole by such claimant, his agent ur
attorney; and in all cases where the proceed
ings are before commissioner, he shall be emit
tied to fee of ten dollars In full for his services
in each case, upon the delivery Of the said ceri-
cate 10 the claimant his or her agent or attnr-
ney or fee of five dollars in cases where the
proof shall not, in the opinion of such counts
soner warrant such certificate and deli cry, in
elusive OF all services incident to such arrest and
examination, to be paid IN either case, by the
claimant, his or her agent or attorney. The per
son or persons authorized to execute the process
10 be issued by such commissioners tor the ar
rest and detention Of iuglves from service or
labor us aforesaid shall also be entitled 10 fee
of five dollars each for each person he or they
may arrest and take before any such commas
siunGr as aforesaid nj the instance and request
Of such Claimant, with such other fees as may
he deemed reasonable by such commissioner fol
such other additional services as may be neces.
sary performed by him or them such as atten
4 ding at tn examnation, keeping the fugitive N
custody. and providing hi,n with flod nna lo.ifs
ing during his detention, ana uItil the nnhI 1e
termination Vi such commissioner; and in gen
eral for eriormng such Other duties as may b.
. | rpnulrpU h } Surh T. claimant htl har aft n
agent, or commissioner in the premises. sucl
fees to be made up in conformity with The ieel
usually charged by the officers Of the courts o
Justice within the proper district or county a,
near as may be practicable. aud paid by smell
claimants, their agents or attorneys, whethe
such supposed tugltives from service or labor bt
ordered to be delivered to snch claimants by the
final determination fsuchconnssioners or not
SEC. 8. find bell further enacted, That upol
affidavit made by The claimant of such fugitive
his agent or attorney. after such certificate hs
been Issued, that he has reason to apprellpnd
that such fugitive will be rescued by iocc f:on
his or their POSSESSION before he can be takel
beyond tie limits of the State in which the ar
rest Is made, 1t shall be the duty OF the Office
making the arrest to retain such fugitive in his
custody, and to remove him to the State whence
he fled and there to deliver hun toSaid claimant
his agent or attorney. And 10 this end, The Of
ticer aforesaid is HEREBY ahorized and required
to employ SO many persons as he may deem me-
cessary to overcome such force and to retain
them IN his service 50 long as circumstances
may require The said officer and his ass ST.
ants, while So employed, tVreceive the same ex-
penses, as are now allowed by law fol Transport
thtlon OF CRIMINALS, to be certified by the Judge
of the district within which the arrest is made
and paid out of tue treasury of the United
States
SEC 10. And be atiutter enacted, 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 a.
gent or attorney, may apply to any court of rec
ord therein, or Judge thereof in vacation. aud
make satisfactory proof 10 such court. or Judge
in vacation Of the escape aforesaid and that The
person escaping owed service OF labor to such
party. Whereupon the court shall cause a rec
ord to be made The matters so proved, and al
so general description ofthe pc rson 50 escap-
lug, with such convenient certainty as may be
and transcript OF such record authenticated by
the alIestatun Of the clerk and of the seal OF
the said court, being produced IN any other State
Territory or district III which the person so es,
Gaping may be found, and being exhibited to a.
ny judge, commissioner, or uther officer authorl-
zed b the law Of the United States TO cause
persons escaping from service or labor to be de-
l,vered MP, shall be held and taken 10 be full g.
conclusive evidence Of the fact Of esc pc, and
that the service or labor Of the person escaping
Is due to the party in such record mentionud.-
And upon the production by The said party of
other and further evidence if necessary. either
oral or by affidavit, in addition to what is con-
tanned in the said record OF the identity of the
person escaping, he or she shall be delivered ND
to the claimant. Aud the said court, commas
Toner, Judge, or other person authorized by Nh Q
act to grant certificates TO claimants of fugltivcs,
shall upon the production OF the record and 9TH
er evidence aforesaid, grant to such claimnn, +,