Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1850-09-26

one Of the courts, judges, or commits
sioners aforesaid. Of The proper circuit.
district, or county, for the spprehen-
sion Of such fugitive from service or
labor, or by seizing and arres,ing such
| fugitive, where the same can be done
without process. and by taking, or
causing such person to be taken, forth.
with before such court, Judge, or COM
missioner, whose duty il shall be to
hear and determine the case Of such
claimant in a summary manner, rnd
upon satisfactory proof being made, by
deposition or affidavit, in writing to be
taken and certified by such court,
jn ge, "t commissioner, or by Other
satisfactory testimony. duly taken and
jurtifieI by some court, magistrate,
Z stice ofthe peace, or other legal off,
aer authorized to administer an oath
md take depos:tions under the laws Of
he State or territory from which such
person owing service or labor may
have escaped, with certificate Of such
u uagis,racy or other authority, as A.
foresaid, with the seal ot the proper
court OF officer thereto attached, which
\ seal shall be sufficient TO establish the
competency Of the proof, and with
proof. also by afkdait, Of the identity
Of the person whosevse vice or labor is
claimed to be d as aforesaid, that the
person 81 arrested does IN fact owe ser.
vice or labor to the person or persons
claiming him or her, in the State or
Territory 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 set
ting forth the substantial facts as TO
the service OF labor due from such fu-
gitive TO the claimant, and of his or
her escape from the State or Territory
in which such service or labor was due,
to the State or Territory in which he
or she was arrested, ath authority to
such claimant, or his or her agent or
attorney, IL use such reasonable force
and restraint as may be necessary, un-
der the circumstances of the case, to
take and remove such fugitiv, person
back TO the State or Territory whence
he or she may have escaped as afore-
said. In no trial or hearing, unde.
tn act. shall the testimony of such al
legged fugitive he admitted in evidence;
and 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
molcsta,ion of such person or persons,
by ony process issued by any court,
| Judge, magistrate, or other person,
whomsoever.
/ SEC. Z. And be IL further enacted,
That any person who shall knowingly
and willingly obsIruct, hinder, or pre-
vent such claimant, his agent or attor-
ney, o, any person or persons lawfully
assisting him, her. or them, from ar
resting 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 such claim
ant, his or her agent or attorney, or
other person or persons law fully assist
/ i"g as aforesaid, when so arrested, pur-
suant to the authority herein given
and declared or shall aid, abet, or as
sist such person so owing service or
II labor as aforesaid, directly or Indirect
H y, to escape from such claimant his
agent or attorney, or other person or
persons legally authorized as af resaid;
or shall harbor or conceal such fugi-
tive, so as to prevent the discovery and
arrest of such person, after notice or
knowledge of the fac, that such person
was fugitive from service or labor as
aforesaid, shall, fur either Of sad Of
fences, be subject to fine not exceed
ing one thousand dollars, and impris-
onment not exceeding six months, by
Indictment and conviction before the
district court ofihe United States for
the district in which such offence may
have been committed, or before the
proper court of criminal jurisdiction,
il committed within any one Of the Or
ganized Territories of the United
States and shall moreover forfeit and
pay. by way of civil damages to the
party injured by such illegal conduct,
the SUN Of one Thousand dollars, for
each fugitive so lost as aforesaid. to he
recovered by action Of debt, in any OF
the district or territorial courts afore-
said, within whose jurisdiction the said
offence may have been committed.
SEC. 8. And be ii further enae,ed,
That the marshals. their deputies, aud
the clerks of the said district and ter.
ritorial courts, shall be paid for their
services the like fees as may be allowed
o them for similar services in other
cases, and where such services are
rendered exclusively in the arrest, Gus
tody, and delivery of the fugitive to the
claimant, his or her agent or attorney,
or where such supposed fugitive may
bo discharged out Of custody for The
want Of sufficient proof as af resaid
then such fees are to be paid in the
whole by such claimant, his agent or
attorney aud in all cases where the