The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-15

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establish the competency of the proof, and with
proof also by affidavit of the identity of the person
whose service or labor 10 claimed to be due aiore
said that the person so arrested docs IN fact owe
service or 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 escaped, 10 mako out and deliver
10 such claimant, his or her agent attorney, a
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 or labor was due,
10 the State Territory III which he or she was
rested, with authority TO such claimant or his or
her agent or attorney. TO use such reasonable force
and restraint as may be necessary under the cir
cumstances of the case, to take and remove such
fugitive person back TO the State or Territory
whence he or she may have escaped as aforesaid
In trial or hearing under this act, shall the tes
tiInony Of such alleged fugitive be admitted in evil
dence; and the certificates in this, and the first
ton mentioned, shall be conclusive of the right of
the person persons in whose favor granted, to
move such fugitive TO the State or Territory from
which he escaped and shall prevent all molestation
Of such person persons by any process issued by
| any court, judge, magistrate, or other person,
| whomsoever.
| SEC. T. dad be IL further enacted, That any
person who shall knowingly and willingly OBJ
struct hinder or prevent such claimant, his agent
| or attorney, any person persons lawfully
| assisting him. her. or them, from arresting such
fugitive from service or labor, either with with
out process aforesaid; or shall rescue or attempt
rescue such fugitive from service or labor, from
the custody of such claimant, his or her agent or
attorney, or other person or persons lawfully as
ssting aforesaid, when 30 arrested, pursuant to
the authority herein given and declared shall aid
abet or assist such person owing service or la
Dor as aforesaid, directly or indirectly, to escape
from such claimant his agent or attorney, or other
person persons legally authorized as aforesaid;
or shall harbor conceal such fugitive, 80 as to
prevent the discovery and arrest OF such person,
after notice knowledge of the fact that such
person fugitive from service labor as
aforesaid shall for either of said Offences be sub
| ject 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 district in which such
| offence may have been committed, or before the
proper court of criminal jurisdiction, if committed
within any one OF the organized Territories OF the
United States; and shall moreover forfeit and pay,
by way of civil amagos to the party injured by
such illegal conduct, the SUN OF one thousand dol
lars, for each fugitive 50 lost as Aforesaid to be
recovered by action of debt IN any OF the district
or territorial courts aforesaid, within whose lurls
diction the said offence may have been committed.
SEC. s. Ind be ii further enacted, That the mar
hals their deputies, and the clerks OF the said dis
rict and territorial courts, shall be paid for their
services the like fees may be allowed to them tor
similar services in other cases. and where such SER
vices 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 sup
posed fugitive may be discharged out of custody
for the want of sufficient proof as aforesaid, then
such fees to be paid Ill the whole by such claim
|
the proceedings are before commissioner, he shall
be entitled to fee of ten dollars in full for his
vices in each case, upon the delivery oil the SAID
certificate to the claimant, his or her agent or at
| torney: q fee of five dollars in cases where the
proof shall not in the opinion of such commissioners,
warrant such certificate and delivery, inclusive OF
all services incident such and examination,
10 be paid in either case, by the claimant his
or her agent or attorney. The person or persons
authorized to execute the process to he Issued by
such commissioners for the arrest and detention OF
fugtives from services or labor aforesaid, shall
also be entitled 10 a fee OF i've dollars each Tor
each person be they may arrest and take be-
fore any such commissioner as aforesaid, at the
instance and request OF such claimant, with
such other fees as may be deemed reasonable by
| such commissioner for such other additional ser
vices as may be necessarily performed by him
or them; such az attending at the examina
ton, keeping the fugitive in custody, and pro-
vidinR him with food and lodging during his de-
tention, and until the hnal determination OF such
| commissioner; and in general for performing
such other duties as may be required by such
claimant, his or her attorney or agent, or commis
sioner 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 county, as near as may be practicable, and
paid By such claimants, their agents or attorneys,
whether such supposed fugtiyes from service or
labor be ordered 10 be delivered TO such claimants
by the final determination OF such commissioners
or not.
SEC 9. And be IL Curther enacted That upon afi-
davit made by the claimant of such fugitive his
agent or attorney, after such certificate has been
Issued, that he has recon to apprehend that such
fugitive will be rescued by force from his or their
possession before he can be taken beyond the limits
Of the State in which the arrest IL 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 be hed, and there 10 deliver
him to said claimant, his agent, or attorney. And
this end, the officer aforesaid Is hereby author
lied and required TO employ so many persons as
he may deem necessary TO overcome such force,
4 a a.. In, A. .rNira Ian, cfr
cumstances may require. The said officer and his
assistants, while 30 employed, 10 receive the came
( compensation, and TO be allowed the same
penscs, as arc 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
ont Of the treasury OF the United States.
SEC. 10. 4dnd be Il further e1aeted, That when
any person held TO service or labor In any State or
Territory or in the District of Columbia shall J.
cape thercfrom, the party TO whom such service or
labor shall be due, hs, her, or their agent or ator
ney, may apply 30 any court Of record therein, or
iadge thereof in vacation, and make satisfactory
proof 10 such court, judge in vacation Of the cs
cape aforesaid, and that the person escaping owed
service labor 70 such party. Whereupon the
court shall cause record 10 be made Of the matters
% proved and also general description Of the per-
son 90 escaping, with such convenient certainty as
may be; and transcript of such record, authenti-
Gated by the attesaton Of the clerk and OF the seal
Of the said court being produced in any other State,
Territory or di.trct in which the person cscap-
ing may be found and beinR exhibited TO any Judge,
commissioner, other officer authorized by the
law Of the United States 70 cause persons escaping
from service or labor to be delivered up, shall be
held and taken 10 be full and conclusive evidence
Of the fact Of escape, and that the service or labor
Of the persOn escaping s due 10 tbe party in such
, record mentioned. And upon the production by
: the said party Of other and further evidence II
necessary, either oral by AFFIDAVIT in addition 10
what 10 contained in the said record Of the dendity
Of the person escaping, he she shall be delivered
I Up 10 the claimant. Aud the said court, commits
sioncr, Judge, other person authorized by this
act 10 grant certificates TO claimants Of fugiyes.
SHALL upon the production Of the record and other
evidences aforesaid, grant 20 such claimant Ger
fcate Of his right TO take any such person identi
{ fled and proved 10 be owing service or labor as
aforesaid. which certificate shall authorize such
claimant tO seize arrest and transport such per-
| con 60 the State or Territory from which he CO.
capped. Prov,ded That nothing herein contained
shall be construed requiring the production Of
transcript Of such record evidence az aforesaid
hut n its absence, the claim shall be heard and de-
termined upon other satisfactory proofs, competent
in law HOWELL COBB,
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