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

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an6 r<rulN by such court, judge OF commission
or, or by other satisfactory testimony, duly taken
ana certified by some court, magistrate, justice of
the pSaces or other legal officer authorized to nd
minister an oath and take depositions under the
laws Of the State or Territory from which such
person OWING service or labor may have escaped,
with a certificate of such magstracy other au-
thorty, az aforesaid, with the seal Of the proper
court or officer thereto attached, which seal shall
be sufficient to establish the competency Of the
proof, and with proof, also by affidavit, of the in
IDENTIFY OF the person whose service or labor is
claimed to be due aforesaid, that the person so
arrested does in fact owe service labor to the
person persons claiming him or her, in the
State or Territory from which such fugitive may
have escaped as aforesaid, and that said person
capped, to make out and deliver to such claimant
his or her agent or attorneys, "a certificate setting
forth the substantial facts as to the service or la
Dor due from such fugitive 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
Territory i'm which he she was arrested
with authority TO such claimant, his ar her agent
or attorney, TO such reasonable force and re-
straint may be necessary, under the circum-
stances Of the case, TO take and remove such fu-
gitive person back 10 the State or Territory from
whence be or she may have escaped as aforesaid.
In no trial or hearing under this act shall the tes-
timOny Of such alleged fugitive be admitted in ev-
idsnce and the certificates in this and the first
SECTION ubanioned shall be conclusive If the right
OF the person or persons in whose favor granted
to remove nueh fugitive To the State or Territory
from WHICH he escaped, and shall prevent all mo-
lestation Of aid person or persons bv any process
issued by any court. Judge. or magistrate or any
person whomsoeysr.
Src A M ~ !, s,r,k.. .c..,.J Tho, ,ov No.
son who shah knowingly and willingly obstruct.
hinder, or prevent such claimant, his agent or at
torney, or any person or persons lawfully assist
ing him, her, or them, from arresting such fugi-
tive 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 claimant, his or her
agent or attorney, or other person or persons law
fully assisting as aforesaid, when arrested pur
suant to the authority herein given and declared;
or shall aid abet, or assist such person so owing
service or labor as aforesaid, directly Indirect
ly, to escape from such caimaint, his agent or
attorney, or other person or persons legally au-
thorized aforesaid; or shall harbor or conceal
such fugitive, to prevent the discovery and
arrest of such person, after notice or knowledge Of
the fact that such person was fugitive from SER
vice labor aforesaid, shall, for either of said
offences, be subject to fine not exceeding one
thousand dollars, and Imprisonment not exceeding
SIX months, by indictment and conviction before
the district court of the United States for the dis
trict in which such offence may have been COM
mltted, or before the proper court of criminal ju
if committed in any one of the organi
Zed territories of the United States; and shall more
over forfeit and pay by way Of civil damages to
the party injured by such illegal conduct, the sum
Of one thousand dollars, to be recovered by action
Of debt in any of the district or territorial courts
within whose jurisdiction the said Of.
fence may have been committed.
Sac a,d h. !, s,r,bs, sn,c,sJ rba, Tho r,ar
sbaIs, their denn,;es and The clerks Of ,he SAID
district and courts shall ba mid for
services The like fees as NAV be allowed 10 them
for similar services in other cases. and ubere sucb
saey;cas ara randared evclnS;,,el,, - M ar.ast
cnstodv and delivery If tbe f,g;,;va 70 he ca;n,
ant. his or her agent or attorney or where sucb
snnposed f,,otive NAV he DISCHARGED ont Of cnsto.
Az, ~ tba Sa,,t ~ ,ff;c;an, ,,reof aforasa;J
,ben such fees are 70 he na;a IN he whole bv snch
cla;mant his accent or attornav and in ali cases
heo III rrocsed;ngs 40 hafirs ACKNOWLEDGEMENT
he sbnll he entitled 70 fse of ten dollars in f,
for his services in each case, upon the delivery of
the said certificate to the claimant his or her agent
or attorney; or a re of five dollars in cases where
the proof shall not, in the opinion of such com
missioner, 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 or her agent or attorney The per-
son or persons authorized to execute the process
to be issued by such commissioners for the arrest
and detention o fugtives from service or labor as
aforesaid shall also be entitled to fee Of five dol
lars each Tor each person ne or theV may arrest
and take before any such commissioner as afore-
said, at the instance and request Of such claimant
with such other fees as may be deemed reasona-
BILE by such commissioned for such other addi-
tional services as may be necessarily performed
by him or them; such as attending at the exami-
nation, keeping the fugitive in custody, and pro-
vidng him with food and lodging during his de-
tenon and until the final determination of such
and in general for performing such
other duties as may be required by such claimant,
his or her attorney or agent, or commissioner in the
PREMISES such fees to be made up in conformity
with the fees usually charged by the officers OF
The courts OF justice within the proper district or
county, as near as may be practicable, and paid
by such claimants, their agents or attorneys,
whether such supposed fugitlves from service or
labor be ordered to be d~lived to such claimants
by the hnai determination OF such commissioners
or not.
SEC. 6. find be H. further enacted That upon af-
idavit made as aforesaid by the claimant of such
fugitive, his agent or attorney, after such cerif-
ate has been issued, that he has reason to appre-
,end that such fugitive will be rescued by force
rom his or their possession before he can be taken
,evond the limits Of the State in which the arrest I
made, it shall be the duty of the officer making