Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1850-10-24

the party injured by such illegal cor
, duct, the sum of one thousand do
; lars for each fugitive so lost, to be re
covered by action for debt, in any c
the district or territorial courts afore
} said within whose jurisdiction tn
+ said offence may have been commit
: ted.
SEC. S. And be it further enacted
That the marshals, their deputies
and the clerks of said district an,
territorial courts. shall be paid 70
their services the like fees as may D
allowed TO them for similar service
in other cases; and where such ser
vices are rendered exclusively in tn,
arrest, custody and delivery of tht
fugitive 10 the claimant, his or hel
agent or attorney, or where sucf
supposed fugitive may be discharged
out Of custody for the want OF sufi.
cient proof as aforesaid, then such
fees are 10 be paid in the whole BY
such claimant, hi> agent or attorney;
and in all cases where the proceed.
| ings are before a commissioner, he
shall be entitled TO a fee of ten dol
lars 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 of five dol
lars in cases where the proof shall
not, in the opinion of such commits
sioner, warrant such certificate and
delivery, inclusive OF all services in
cident to such arrest and examina-
ton, TO be paid, in either case, by the
claimant, his or her agent or attor-
ney. The person or persons author
lied 10 execute the process 10 be is
sued by such commissioners for the
arrest and detention Of fugitives from
service or labor, as aforesaid, shall
also be entitled to a fee of FIVE
dollars each for said person he or
they may arrest, and take before
any such commissioner as aforesaid,
at the instance and request OF such
claimant, with such other fees as may
be deemed reasonable by such commits
sioner for such additional services as
may be necessari y performed by him
or them: such as attending at the exami-
nation, keeping the fugitive in custody,
and providing him with food and lodg-
ing during his detention, and until the
final determination of such commits
sioner; and in general for performing
such other duties as NAV be required by
such claimant, his or her attorney or
agent, or commissioner in the premises,
such fees TO be made up in conformity
with the 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 said claim
ants, their agents or attorneys whether
such supposed fugitives from service or
labor be ordered to be delivered to such |
claimants by the final determination of
such commissioner or not.
Sec. 9. And be it further enacted,
That upon affidavit made by the claim
mt Of such fugitive, his agent or attor-
ley, after such certificate has been is
sued, that he has reason TO apprehend |
hat such fugitive will be rescued by |
orce from his or their possessions before
ie can be taken beyond the limits of the
state in which the arrest is made, it
shall be the duty of the officer making
he arrest TO restrain such fugitive in his
custody, and to remove him to the state
whence he fed, and there deliver him to
laid claimant, his agent or Attorney
And 10 this end, the officer aforesaid is
lereby authorized and required to en-
10y so many persons as he may deem
TO overcome such force, and
o retain them in his service so long as
may require. The said
fficer and his assistants, while so en-
Iloyed TO receive the same compensa-
ion, and to be allowed the same expen
es as are now lowed by law for trans
ortation of criminals, to be certified by
he Judge of the district within which the
rrest is made. and paid out of the treas
ry of the United States.
SEC. 10. And be ii further enacted,
That when any person held to service {
r labor in any state or territory, or in
he District of Columbia. shall escape
the party to which such SER
ice or labor shall be due, his, her, or
heir agent or attorney may apply TO
ny court of record therein, or judge
hereof in vacation, and make satisfac- {
Dry proof to such court or judge in vlca-
ion, of the escape aforesaid, and that
he person escaping owed service or la
or TO such party. Whereupon the
ourt shall cause a record TO be made of
he matter as proved, and also general
escripton of the person so escaping,
nth such convenient certainty as may
e, and a transcript of such record, au-
lenticated by the attestation of the
Jerk and seal of the court being pro-
uced in any other state, territory or
istrict in which the person so escaping {
nay be found. and being exhibited to {
ny judge, commissioner or other officer |
by the law of the United j
tates, TO cause persons escaping from
ervice or labor to be delivered up, shall
e held to be full and conclusive evil |
ence ofthe fact of escape, and the SER :
ice or labor of said person is due 10 the