The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-20

Cos, And by taking, or causing such person TO be
! taken forthwith before such court, judge, or COM
missioner, whose duty it shall be 10 hear and deter
mine the of such claimant in a summary
manner; and upon satisfactory proof being made,
by deposition affidavit, in writing, To be taken
and certified by such court, Judge, or commissioner,
or by other satisfactory testimony, duly taken and
certified by some court magistra ate, justice OF the
peace, other legal officer authorized to admins
ter an oath and take dispositions under the laws Of
the State or territory from which such person owing
| service or labor may have escaped with certif.
cate OF such magistracy or other authority, afore
said, with the seal of the proper court officer
| thereto attached which seal shall be sufficient to
establish such proof, and with proof, also by affi
davt OF the identity Of the person whose service
labor is claimed to be due aforesaid, that the per-
son arrested does in fact service 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
capped into the State Territory in which he or che
was arrested, to make out and deliver TO such
claimant, his or her agent attorney, certificate
setting forth the substantial facts to the service
| or labor due from such fugitive to the claimant
and OF his her escape from the State Territory
in which such service labor was due to the State
or Territory III which he she was arrested, with
| authority To euch claimant, or his or her agent or
Attorney to use such reasonable force and restraint
| az may be necessary, under the circumstances OF
the case, TO take and remove such fugitive person
back to the State or Territory from whence he or
she may have escaped as aforesaid In no trial or
hearing, under this act, shall the testimony OF such
alleged fugitive be admitted in evidence; and the
certificates in this, and the first section mentioned
shall be conclusive of the right of the person per
sons in whose favor granted to remove such fugi-
tive TO the State Territory from which he escaped
and shall prevent all molestation of said person
persons by any process issued by any court judge,
magistrate, or other person, whoIn5oever.
'SEc. 4. That any person who shall knowingly
and willingly obstruct, hinder, or prevent such
| claimant, his agent or attorney, or any person or
persons lawfully assisting him, her, or them, from
arresting such fugitive from service or labor,
either with without process aforesaid; or shall
rescue attempt to rescue such fugitive from SER
vice or labor, from the custody of such claimant
his or her agent or attorney or other person or
persons lawfully assisting aforesaid, when ar
rested, pursuant to the authority herein given and
declared or shall and abet or assist SUCH person so
owing service labor Aforesaid, directly or in
directly, to escape from such claimant, his agent or
attorney, or other person or persons legally author
lied aforesad shall harbor conceal such
fugitive, to prevent the discovery and arrest
| of such person, after notice knowledge OF
the fact that such person was fugitive from ser
vice labor Us aforesaid, shall, for either OF said
offences, be subject TO a 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
mtted before the proper court of crini nal juris
dcton, if committed within any one OF the organ
lied 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
| sum of one thousand dollars, to be recovered by
action of debt, in any of the district territorial
aforesaid, within whose jurisdiction the said
offence may have been committed.
''SEC 5. That the marshals their deputies, and the
cer ks of the said district and territorial courts,
shall be paid for their services the like fees as may
| be allowed TO them for similar services in other
| cases; and where such services rendered ex-
clusively in the arrest. custody and delivery of the
fugitive to the claimant, his or her agent or attor-
| ney, where such supposed fugitive may be dis
charged out of custody for the want of sufficient
| feal 10 he maid in
the whole by such claimant, his agent or attorney;
and in all cases where the proceedings are before a
commissioner, he shall be entitled TO fee of ten
dollars in full for his services, III each case, upon
the delivery of the said certificate to the claimant,
| his or her agent attorney; fee of five dol
lars in where the proof shall not, IN the opin-
ion OF such commissioner, warrant such certificate
and delivery, inclusive oil all services incident TO
such arrest and examination, to be paid In either
case by the claimant, his or her agent or attorney
| The person or persons authorized TO execute
the process to be issued by such commissioners for
the arrest and detention OF tugitves from service
labor aforesaid, shall also be entitled to fee
of five dollars each for each person he they may
arrest and take before any such commissioner az
Aforesaid, at the instance and request OF such
claimant, with such other fees may be deemed
: reasonable by such commissioner for such other
additional service as may be necessarily performed
A | by him them such attending at the exam
nation, keeping the fugitive in custody, and pro
viding him with food and lodging during his de
tenton, 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 agent, or commits.
soner in the premises, such fees to be made up IN
conformity with the fees usually charged by the of
cers of the courts of justice within the proper dis
trict or county, as may be practicable, and
paid by such claimants their agents or attorneys
whether such supposed fugitiyes from service OF
labor be ordered TO be delivered to such claimants
| by the final determination Of such commissioners
or not.
"sEc- That upon affidavit made aforesaid
by the claimant of such fugitive his agent or at
torney after such certificate has been issued, thai
he has reason to apprehend that such fugitive viii
be rescued by force from his or their possession
' before he can be taken beyond the limits of the
State in which the arrest is made, II shall be the
duty of the officer making the arrest TO retain
such fugitive in his custody, and to remove him
TO the State whence nc fled, and there to deliver
him TO said claimant, his agent, or attorney. And
TO this end. the officer Aforesaid lie hereby autho-
4 rized and required TO employ 90 many persons nd
he may deem necessary to overcome such force
and 10 retain them in his service so long as cir
cumsances may require. The said officer and his
assistants while employed, to receive the same
compensation, and TO be allowed the same ex-
, penses, 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 paid
out Of the treasury Of the United States Prouided
That before such charges incurred, the claim
ant, bis agent, attorney shall secure To said Off
Ger payment Of the same, and in case no actual
force be opposed then they shall be paid by such
claimant, his agent, or attorney.
"SEc. --. lind be II further enacted, That when any
person held to service labor in any State or Ter
rory, in the District Of Columbia, under the laws
thereof shall escape thcref6om, the party 10 whom
suchscrvicc labor shall be due his, her, their
} agent, attorney, guardian, or trustee, may apply
any court of record therein, and make satisfac-
tory proof TO such court Of the escape Aforesaid and
that the person escaping owed service labor 70
such party. Whcreupon the court shall cause a
record 20 be made Of the matters 30 proved, and
also general description of the person escap-
, ing, with such convenient certainty as may be;
, aud transcript Of such record, authenticated by
the attcstation Of the clerk and the seal Of the said
court, being produced in any other State, Terrific
ry, or District in which the person SO escaping
may be found, and being exhibited 10 any Judge
| commissioner, other officer authorized by the
Law OF the United States 10 GAUGE persons escaping
from service or labor 10 be delivered up, shall be
held and taken to be full and conclusive evidence
Of the fact Of escape, and that the service or labor
Of the person escaping s due to the party in such
record mentioned And upon the production by
the said party of other aud further evidence If ne
ccssary, either oral or by affidavit, in addition 70
what IL contained in the said record of the identity
Of the person escaping he che shall be delivered
r up to the claimant. And the said court, commits
sioncr, Judge, other person authorized by thi'
.ct 10 IN ri II