Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1850-10-19


with proof also by affidavit, of the identity of
the person whose service of labor is said TO be
due as aforesaid, that the person so arrested
does in fact owe service or labor to the person
or persons claiming him or her in the state or
territory from which such fugitive may have
escaped to make out and deliver to such claim
ant his or her agent or attorney, certificate
setting forth substantial facts as to the service
or labor due from each fugitive or claimant,
and of his or her escape from the state or ter
ntory IN which such service or labor was due,
TO the state or territory in which he or she was
arrested with authority to such claimant or his
or her agent or attorney, to use such reasona-
BILE force or restraint as may be necessary, un-
der 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 al
lodged fugitive be admitted in evidence, and
the certificates in this and the first section
mentioned shall be conclusive of the right of
the person or persons in whose favor granted,
to remove such fugitive to the state or terrific
ry from which he escaped, and shall prevent
all molestation of said person or persons by
any process issued by any court, judge, mag
istrate, or other person whomsoever
Sec Z. And be it further enacted, That
any person who shall knowingly or willingly
obstruct, hinder, or prevent such claimant, his
agent or attorney, or any person or persons,
lawfully assisting him, her or them, from ar
resting such a fugitive from service or labor,
from the custody of such claimant, his or her
agent or attorney, or other person or persons
lawfully assisting as aforesaid when so arrested,
pursuant to the authority herein given and de-
son so owing service or labor as aforesaid, di-
rectly or indirectly to escape from such claim
ant his agent or attorney, or other persons le
gally authorized as aforesaid, or shall harbor
or conceal such fugitive, so as to prevent the
discovery and arrest of such person, after no.
tice or knowledge of the fact that such person
was fugitive from service or labor as afore-
said, shall for either of said offences be sub
iect to fine not exceeding one thousand dol
lars, and imprisonment not exceeding six
months, by indictment and conviction before
the district court of the United States, for the
district in which the offence may have been
committed, or before the proper court of Grim
inal jurisdiction if committed within any one of
the organized territories of the United States;
and shall, moreover forfeit and pay BY way of
civil damages to the party suffering by such
illegal conduct the sum of one thousand dol
lars for each fugitive so lost, as aforesaid,
TO be recovered by action for debt, in any of
the district or territorial courts aforesaid, with
in whose jurisdiction the said offence may have
been committed.
Sec. And be it further enacted, That the
marshals, their deputies, and the clerks of the
said district and territorial courts shall be paid
for their services the like fees as may be al
lowed to them for similar services in other cas-
es; and where such services are rendered
exclusively in the arrest, custody and delivery
of the fugitive to the claimant, his or her agent
or attorney, or where such supposed fugitive
may be discharged out of custody for the want
of sufficient proof as 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 commissioner, he
shall be entitled to fee of ten dollars in full
for his services in each case, upon the delivery
of the said certificate to the claimant, his or
her agent or attorney; or fee offve dollars
in cases where the proof shall not in the opin-
ion of such commissioners, warrant such GER
tificate and delivery, inclusive of all services
incident to such arrest and examination, to be
paid, in either case, by the claimant, his or her
attorney. The person or persons authorized
to execute the process to be issued by such
commissioners for the arrest and detention of
fugitives from service or labor, as AFORESAID,
shall also be entitled to fee of FIVE dollars each
for said person he or they may arrest and
take before any such commissioners as afore
said, at theinstance and request of such claim
ant, with such other fees may be deemed
reasonable by such commissioner for such ad-
ditional services as may be necessarily per-
formed by him or them; such as attending at
the examination, keeping the fugitive in custo-
dy and providing him with food and lodging
during his detention, and until the final deter
mination of such commissioner; and in gener-
al 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 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 agent or attorney,
whether such fugitives from service or labor,
be ordered to be delivered to such claimants
by the final determination of such commission
ers or not.
Sec. 9. And be it further enacted, That up
on .he affidavit made by the claimant Of srcch
fugitive, his agent or attorney, after such GER
tiicate has been issued, that he has reason 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 is made, it shall be the duty
ofthe officer making the arrest to retain such
fugitive in his custody, and to remove him to
the state whence he fed, and there to deliv-
er him to said claimant his agent or attorney.
And to this end, the officer aforesaid is here
by authorized and required to employ so many
persons as he may deem necessary to over
come such force, and to retain either of them
in his service so long as circumstances may re-
quire. The said officer and his assistants,
while so employed, to receive the same COM
pensation, and to be allowed the same expen-
ses as are now allowed by law for the trans
Iportation 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 Uni
ted States.
See 10 And he If furthrr enacted That