Washington telegraph., 1850-11-06

sdH dtu, dOeI, OF ASSIST Sucn person SO owing
service or labor as aforesaid, directly indirectly,
to escape from such claimant, his agent or attor-
ney, other person or persons legally authorized
as aforesaid; shall harbor conceal such fu-
qitive TO prevent the discovery and arrest of
such person, after notice or knowledge of the
fact that such person was a fugitive from service
or labor AFORESAID, shall, for either of said often
ces, be subject to fine not exceeding one thou
sand 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 more
over forfeit aud pay, by way of civil damages,
TO the party injured by such illegal conduct the
sum OF one thousand dollars for each fugitive so
lost as aforesaid TO be 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.
SIC 8. And be it further enacted, That the
marsals their deputies, and the clerks Of the said
district and territorial courts, shall be paid for
their services the like fees may be allowed to
them ror similar services in other cases; and
where such services are rendered exclusively in
the arrest, custody apd delivery of the fugitive
10 the claImapt, bis or her agent or attorney or
where such supposed fugitive may be discharged
out of custody for the want of sufficient proof
aforesaid then such fees are to be paid in the
whole by such claimant, his agent or attorney:
and in all cases where the proceedings are before
q commissioner, he shall be entitled to fee of
ten dollars in full !or his services in each case,
upon the delivery of the said certificate TO the
claimant, bis her agent attorney; a fee of
five dollars in where the proof shall not, in
the opinion OF such commissioner, warrant such
certificate and deligery, inclusive of all services
incident to such arrest and examination, to be
maid n.ifh by he r. Or ber
agent attorney. The persons or persons au-
thorized TO execute the process to be issued by
such commissioners for the arrest and detention
of fugtves from services labor as aforesaid,
shall also be entitled to a fee of five dollars each
for each person he or they may arrest and take
belore auy suc,l commissioner a!ore saii, at the
instance and request Of such claimant, with such
other fees as may be deemed reasonable by sucl,
commissioner for such her additional services
may be necessarily performed by him or them;
such attending at the examination, keeping the
fugitive in custody, and providing him with food
and lodging during his detention, and until the
final deeIrnnatQn OF such commissioner; and in
general fer performing such ether duties may
be required by such csimapt, bis her agent
attorney or commissioner in the premises; such
fees te be made up in conformity with the fees
usually charged by the officers Of the courts Of JUS
tice within the proper district or county, as near
as may be practicable, and paid by such claim
ants, their agents or attorneys. whether such sup
posed fugiives from service labor be ordered to
be delivered to such claimants, By the hual de-
termination Of such commissioners or not
:Sgc. Q. Ind be 1t further enacted, That upon
affidavit made by the claimant of such fugitive,
his agent attorney, after such certificate has
been issued, that he has reason TO apprehend that
such fugitive will be rescued by force from his OF
their possession, before he be taken beyond
the limits of the State in which the arrest is
made, it 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 lie Hcd,
and there 10 deliver him to said claimant, his
agent or attorney. And to this end the officer
aforesaid is hereby authorized und required TO en-
ploy many persons as he may deem necessary
TO overcome such force and to retain them lii
his service SO long as circumstances may re-
qure. The said officer and his assistants, while
so employed. to receive the expenses, as
are now allowed by law for the transportation of
criminals. to be certified by the judge of the dis
trict within which the arrest is made, and pad
out of The treasury Of the United States.
SEC. 10. And be further enacted, That when
any person held 10 service or labor in any State
or Territory, in the District of Columbia, snail
escape therefrotn, the party to whom such SER
vice or labor shall be due, his her, their agent
or attorney, may apply to any court OF record
therein, or judge thereof in vacation, and MAKE
satisfactory proof to such court or Judge in vaca-
tion Of the escape aforesaid, and that the person
escaping owed service or labor TO such party
Whereupon the court shall cause a record 10 be
made of the m itters 50 proved, aud also d general
description Of the person 50 escaping, with such
convenient certainty may be; and a strans-
crypt Of such record, auile entlcaed BIZ the attes-
tatiou of the clerk and Of the seal OF said court,
being produced in amy other State, lerrtory or
District, in which The person so escaping may be
found, AMI being exhibited to any Judge, commits
sioner, or other officer authorized by the law OF
the Un,led States 10 cause persons escaping rom
service or l,bor to 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 is due TO the party IN such
record mentioned. And upon the production Dy
the said party Of other aud further evidence, #
necesss ry, either oral or by affidavit, IN addition
to what is contained in the said record of the
identity of the perycn escaping, he or she shall
be delivered up to the .clailnant. And the SAID
court, commissioner, Judge. or other person au-
thorized by this act TO grant certificates TO claim
ants Of fugtives, shall upon the production OF the
record and other evidences afvresad, grant 10
such claimant a certificate Of hls right TO take
any such person identified, and proved to be ow
ing service or labor aforesaid, which certificate
sh al author;ze such claimant TO seize or arresi and
transport such person TO the State ce Territory
from which he escaped: Prooided, That nothing
herein contained shall be construed as requiring
the production of a transcript of such record as
evidence as aforesaid. But in its absence the
claim shall be heard and determined upon other
satisfactory proofs competent IN law
Approved September Is, 1850.
t----,~0-.>~,--.~,,
PEARcE's Bil.-By the present bill
Texas retains 33, $50 square miles OF ter
/ l,ril