The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-01-02

and in all cases where the proceedings are before
i commissioner, he shall be entitled to a fee OF
ten dollars in full for mis- services in each case,
upon the delivery of the said certificate to the
claimant, his or her agent attorney; a fee OF
five dollars in cases where the proof shall not in
the opinion Of such commissioner, warrant such
certificate and delivery, inclusive of all services
Incident to such arrest and examination, 10 be
paid, in either case, by the claimant, his or her
agent or attorney. The person or persons author
ized to execute the process to be issued by such
commissioners for the arrest and detention Of fu
gtives from service or labor as aforesaid shall
also be entitled to fee Of FIVE dollars each for each
person he or they may arrest and take before any
such commissioner aforesaid, at the Instance
and request of such claimant, with such other
fees as may be deemed reasonable by such COM
missioner for such other additional services as
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 determination Of such commissioner; and in
general 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 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 such
claimants their agents or attorneys, whether such
supposed iugtives from. service labor be order
ed to be dsiivered 10 such claimants by the final
determination of such commissioner or not.
Sec. 8. .4nd be ii further enacted, That
upon affidavit made by the claimant Of such fu-
giiiye, his agent or attorney, after such certificate
has been issued, that he has reason to apprehend
THAI such fugitive will be rescued by force from
hiSnr their possession before he can be taken be-
yonU 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 lis custody,
and to remove him to the State whence he fled,
and there to deliver him to said claimant his
agent, or attorney. And to this end, the officer
aforesaid is hereby authorized and required to
employ so many persons as ne may deem neces-
sary to overcome suoh force, and to retain them
in his service so long as circumstances may re-
quire. The said officer and his assistants, while
so employed, TO receive the same compensation,
and to be allowed the same expenses, as are now
allowed by law for transportation Of criminals, 10
be certified by the Judge of the district within
which the arrest Is made, and paid oai Of the
Treasury Of the United States.
SCI. 10. Ind be Il turtle, enacted, That
when any person held 10 service or labor in any
State or Territory, or in the District Of Columbia,
shall escape thcrefrcm, the party 10 whom such
service or labor shall be due, his, her, or their
agent or attorney, may apply to any court OF re-
cord therein, or amy judge thereof IN vacation,
and make satisfactory proof TO such court, or
Judge 10 vacation, of the escape aforesaid, and
that the person escaping owed service or labor 70
such party. Whereupon the court shall cause a
record 10 be made Of the matters so proved, and
also q general description Of the person escap-
ing, with such convenient certainty may be;
and transcript of such record, authenticated by
the attestation Of the cleI and the seal OF tho
said court being produced in any other Stale,
Territory, or district in which the person so es-
Gaping may be found, and icing exhibited to any
Judge, commissioner, or other officer authorized
BY the law Of the United States TO cause persons
escaping from service or labor TO be delivered up,
shall be held and taken TO be full and conclusive
evidence of the fact of escape, and that the ser
vice or labor of the person escaping is due to the
party in such record mentioned. And upon the
production by the said party Of other and further
evidence if necessary either oral or by affidavit,
in addition to what is contained in the said record
Of the identity Of the person escaping, he or she
shall be delivered up 10 the claimant. And the
SAID court, commissioner, Judge, or other person
authorized by this act TO grant certificates 70
claimants Of fugitives, shall! upon the production
OF the record and ether evidences aforesa id grant
10 such claimant certificate of his right 10 take
any such person identified and proved, 10 be ow-
ing ice labor as aforesaid, which certificate
shall authorize such claimant to seize or arrest
and transport such person to the State or Terrific
ry from which he escaped: Procided, That
nothing herein contained shall be construed as
requiring the production Of Il transcript of such
record as evidence as aforesaid. But in It's alb
sence the claim shall be heard and determined
upon other satisfactory proofs, competent in law
Approved September Is, 1850.