Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-12-26

Wit, in writing, TO be taken and certified by
such court, judge or commissioner, or by
other satisfactory testimony, duly taken
and certified BY some court, magistrate,
justice Of the peace, or other legal officer
authorized 10 administer an oath, and take
deposition under the laws of the State or
Territory from which such person owing
service OF labor may have escaped, with
certificate Of such magistracy or other
authority, as aforesaid, with the seal Of the
proper court or officer thereunto attached,
which seal shall be sufficient to establish
the competency Of the proof, and with
proof also by affidavit Of the identity Of the
person, whose service or labor is said 10
be due, as aforesaid, that the person so ar
rested does liz fact owe service or labor 10
the person or 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 make out and
deliver TO such claimant. his or her agent
or attorney a certificate setting forth the
substantial facts as to the service or labor
due from such fugitive TO the claimant, and
OF hi, or her escape from the State o. Ter
Ti'ory in which such service or labor was
due, TO the State OF Territory in which he
or she was arrested, with authority to
such claimant, or his or her agent, or at
torney, to use such reasonable force and
restraint as may be necessary, under the
circumstances of the case, 10 take and re-
move such fugitive person back 10 The
State or Territory from whence he or she
may have escaped as aforesaid. L, no
trial or hearing under this act shall testi-
mony Of such alleged fugitive be admitted
in evidence ; and the certificates, in this
and the first section mentioned, shall he
conclusive Of the right Of the person or
persons il whose favor granted, TO renove e
such fugitive 10 the State or Territory
from which he escaped, and shall prevent
all molesta'ion Of said person or persons
by any process issued by any court, Judge,
magistrate or other person whoms oever.
Sec. 7. 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 per-
son or persons, lawfully assisting him, her
or them, from arresting such fugitive
from service or labor, either with or
without process, as aforesaid or shall
rescue or attempt TO rescue such fugitive
from service or labor, from the custody OF
such claimant, his or her agent or attorney,
or other persons lawfully assisting as
aforesaid, when SO arrested, pursuant 10
the authority herein given and declared
or shall aid, abet, or assist such person
so owing service or labor, as aforesaid
either directly or indirectly TO escape from
such claimant, his or her agent, or a,.or.
ney, or other person or persons legally
authorized, as aforesaid, or shall harbor ol
conceal such fugitive, so as 10 prevent III,
discovery and arrest Of such person, after
notice or knowledge Of the fact that sucl
person was a fugitive from service or la
Dor, as aforesaid, shall for either Of sait
offences be subject to fine not exceedin.
one thousand dollars, and Imprisonment
not exceeding six months, by indictmen
and conviction before The district court o
the United States, for the district in whicl
such offence may have been committed, o
before the proper court of criminal juris
diciion, If committed within any one o
the organized Territories Of the Unitet
States; and shall moreover, forfei. and pay
by way of civil damages TO the party in
jursd by such illegal conduct, the sum o
one thousand dollars, for each fugitive 81
lost, as aforesaid, 10 be recovered by az
action for debt, in any Of the district ol
territorial courts, as aforesaid, within
whose jurisdiction the said offence ma,
have been committed.
Sec. 8. And be it further enacted, Tha
the marshals, their deputies and the clerk,
of the said district and territorial courts
shall be paid for their services the lik'
fees as may be allowed TO them for simila
services in other es;,ndwhere such ser
vires are renderedexclusivelyin the arrest
custody and delivery of the fugitive 10 th'
claimant; his or her agent or attorney, o.
where such supposed fugitive may be dis
charged out of cus!ody!or want of suilicien
proof, as aforesaid then such fees are TO b,
paid in the whole by such claimant, his a
gent or attorney; and in all cases where tn.
proceedings are before commissioner, h
shall be entitled TO fee of ten dollars il
full for his services in each case, upon lh.
! delivery cf the said certificate to the claim
ant, his or her agent or attorney; or fe'
Of five dollars in caseswhere the proof shall
not, in the opinion Of such commissioner
warrant suchcertificate and delivery ,inclu
sive of all services incident to such arres
| and examination, TO be paid, in either case
by the claimant, his or her agent or attor'
ney. The person or persons authorized tt
execute the process TO be issued by sucl
commissioners for the arrest and detention
of fugi'lves from labor or service, as afore.
said, shall also be entitled 10 fee Of five
dollars each for said person he or they may
arrest and take before any such commits.
sioner as aforesaid, at the instance and re-
quest of such claimant, with such othe,
fees as may be deemed reasonable by such
commissioner for such additional services
as may be necessarily performed by hin
or them; such as attending at the exami'
nation, keeping the fugitive in custody,
and providing him with food and lodging
during his detention, and until the final
determination. of such commissioner ; and
in general for performing such other du.
ties as may be required by such claimant
his or her attorney or agent, or commits.
sioner in the premises, such fees TO be
made up in conformity with the fees usu.