Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1850-11-08


or county, Tor the apprehension of such fugitive from SER
wee or labor or by Selling and arresng such fugitive,
where the be done without process and by TAX
ln or causing such person to be taken forthwith before
Such court Judge or commissioner whose duty it shall be
to hear and determine the case of such claimant in
NARY MANNER and upon satisfactory proof being
made by deposition affidavit in writing be taken
ana cerhed by such court Judge commissioner, or by
other satisfactory testimony duly taken and certified by
some court magistrate justice of peace or other legal of
ncer authorized to administer oath and take deposit
lions under the laws of the State Territory from which
such persons owing service or labor may have escaped
with certificate ofsuch magisracy or other authority,
as 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
identify OF the person whose service or laboris claimed
to be due aforesaid that the person so arrested does in
tact owe service labor the person. or persons claim
ing MN or her. IN the State Territory from which such
fugitive may have escaped aforesaid and that said per-
son escaped to make and deliver to such claimant his
OF her agent or attorney cercatesettng forth the sub
santla facts as to the service or labor due from such m
gtlTe to the claimant and of his or her escaDe from n
State OF Territory in which such service OF labor was due
10 the State OF Territory in which he she was arrested
with authority to such claimant or his or her AGENT or
toney to use such reasonable force and restraint as NAV
De necessary, under the circumstances of the case to
and remove such fugitive person back to the State or
Territory from whence he or she NAV have escaped as
aforesaid In NO TRIAL OR HEARING UNDER
Ills AL SHALL THE TESTIMONY OF SUCH
AlIEDGED FUGITIVE BE ADMITTED IN EyI
DENCh; and the certificates in this and the first sec
on mentioned shall be conclusive ofthe right the per-
son or persons in whose favor granted TO sncb
fugitive to the State Territory from which he escaned
and shall prevent all molestaon of said person or
sons by any process issued byany court Judge magistrate
CT other persons whomsoever.
Sec T. And be it further enacted, That any person
IA know Wv
prevent such claimant his agent or attorney or any per-
son OF persons lawfully assisting him. her. or them from
alTesdng such fugitive from service or labor either
with or without process as Aforesaid or shall resce 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 persons lawfully ASSISTING as
aforesaid when arrested pursuant to the authority
hefem given and declared shall aid abet or assist
sucha person SO owing service labor as aforesaid direct
y or indirectly to escape from sucn claimant his accent
OF attorney or other person persons legally authorized
as aforesaid or SHALL IIARBOR or CONCEAL s1cb
fugitive SO as to prevent the discovery and arrest of such
person, after notice knowledge of the fact that sucb
person, was fugitive from service or labor as aforesaid
SHALL Tor either OF said offences be subject to fine not
exceeding one thousand dollars and Imprisonment not
exceeding SIX months, by Indictment and conviction be-
fore the district court of the United States for te district
IN which such offence may have been committed or be-
lore the proper court of criminal jurisdictions if commit
tea within any one OF the organized territories of the Uni
TED States and shall moreover forfeit and pay BY way
OF civil damages to the party injured by such illegal con-
duct, the sum of ONE THOUSAND DOLLARS FOR
EACH FUGITIVE so LOST, as aforesaid to be re-
covered by action OF debt in any of the district or terri
toI1a courts aforesaid within whose jurisdiction the said
offence may have been committed
Sec s. And be it further enacted That the marshalls
Their deputies and the clerks of said district and terrific
rial courts shall be paid for their services the like fees as
may be allowed to them for similar services in othercases
where Il
arrest custody and delivery of the fugitive to the claim
ant hlS or her agent attorney where such supposed
fugitive may be discharged 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 commits
sloner he shall be entitled fee of TEN DOLLARS in
full for his services in each case upon the said
certltcatn TO the clanant LIZ a. L.