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

SEC. A. md De tt furfher enacted, That the
commissioners above named shall have concur
jurisdiction with the judges Of the circuit and
district Of the United States, in their res
pective circuits and districts within the several
States, and the judges Of the superior courts Of
the Territories, seveTay and collectively, in term
time, and vacation; and shall grant certificates TO
| such claimants, upon satisfactory proof being
made, with authority TO take and remove such
fugitives from service or labor under the restric-
tions herein contained, to the State or Territory
from which such persons may have escaped or
| fled.
SEC. s. .and be 1t further enacted. That it
shall be the duty Of all marshals and deputy mar
shals to obey and execute all warrants and pre-
ceps issued under the provsionsof this when to
them directed; and should any marshal or deputy
marshal refuse to receive such warrant or other
process when rendered, or to use ali proper means
diligently to execute the same, he shall, on con-
victlon thereof be fined in the sum of one thou
| sand dollars to the of such claimant, on the
motion of such claimant, by the circuit or district
court for the district Of such marshal. and after
arrest of such fugitive by such marshal or his
deputy, or whilst at any time in his custody, un-
der the provisions under this act should such fu-
giiivc escape, whether with or without the assent
of such marshal or his deputy, such marshal shall
be liable on his Official bond to be prosecuted for
the benefit of such claimant for the full value Of
the service labor of said fugitive in the State,
Territory District whence he escaped; and the
better 10 enable the said commissioners, when
thus appointed, to execute their duties faithfully
and efficiently, in conformity with the require
ments Of the Constitution Of the United States and
of this act, they are hereby authorized and END
powered, within their counties respectively, TO
appoint in writing under their hands, any one or
more suitable persons, from time to time, 10 exc
cute all such warrants and other process rs may
be issued by them in the lawful performance Of
their respective duties; with authority to such
, commissioners, or the persons TO be appointed by
them, to execute process as aforesaid, TO summon
and call to their aid the bystanders, posse COM
, ifoius os the proper county, when necessary to
insure faithful observance of the clause of the
Constitution referred to, III conformity with the
provisions of this act; and ali good citizens are
comma IL 10 aid and assist in the prompt
and efficient execution Of this law, whenever
their services may be required, as Aforesaid for
that purpose, and said warrants shall run, and be
executed by said officers anywhere III the State
within which they are issued.
SEC. 6. .1nd be 1T further enGcted, That
when person held 10 service or labor in any
State or Territory of the United States, has here
toiore or shall hereafter escape into another State
or Territory of the United States, the person or
persons to whom such service or labor may be
authorized, By power Of attorney, in writing, ac
knowIedged and certified under the seal Of some
legal officer or court Of the State Territory in
which the same may be executed, may pursne
and reclaim such fugitive person, either by pro-
curing warrant from some one Of the courts
Judges, or commissioners aforesaid, Of the proper
circuit, district, county, for the apprehension
of such fugitive from service or labor, or BY sez-
ing and arrestiog such fugitive, where the same
I'll, f1ls
causing such person to be taken, forthw ith before
such court, judge, or commissioner, whose duty
it shall be TO hear and determine the case Of such
claimant IN a summary manner; and upon salts
factory proof being made, by deposition or afsi-
davit IN writing, TO be taken ard certified by such
court, Judge or commissioner, or by other salts
factory testimony, duly taken and certified by
some court, magistrate, justice OF the peace, or
other legal officer authorized to administer an oath
and take depositions under the laws Of the State
or Territory from which such person owing ser
vice or labor may have escaped, with certificate
Of such magistracy or other authority, afore-
said, 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 identity OF the per-
sen whose service or labor is claimed to be due
as aforesaid, that the person SD arrested does in
fact owe service or labor to the person persons
claiming him or her. an the State or Territory from
which such fugitive may have ped as afore-
said, and that said person escaped, TO make Ont
and deliver TO such claimant his or her agent or
attorney, certificate setting forth the substantial
facts to the service or labor due from such fu-
gitye TO the claimant, and Of his or her escape
from the State or Territory in which such service
or labor due, the State or Territory in which
he or she was arrested, with aatl.,r,fy I. such
claimant, or his or her agent or attorney, TO use
such reasonable Iorce and restraint as may be ne
cessary, under the circumstances Of the case, TO
take and remove such fugitive person back TO the
State or Territory whence he or she may have
escaped as aforesaid In no trial or hearing un-
der this act, shall the testimony of such alleged
fugitive be admitted in evidence; and the certfi-
Gates in this and the first section mentioned, shall
be conclusive of the right of the person or per-
sons in whose favor granted, to remove such fl-
gi,ive to the State or Territory from which he es-
capped and shall prevent all molestation of such
person or persons by any process issued by any
court, Judge, magistrate, or other person whom
soever.
SEC 7. .and be 10 further enacted, That any
person who shall knowingly and willingly OBJ
sruct, hinder, prevent such claimant, his agent
or attorney, or any person or persons lawfully
ssting him, her, or them, from arresting such
fugitive from service arbor, either with with
out process as aforesaid, shall rescue, or at
tempt to rescue, such fugitive from service Ia
Dor, from the custody of such claimant, his her
agent or attorney, other person persons law
| fully assisting as aforesaid, when so arrested
pusuant to the authority herein given and declar-
! ed; or shall aid, abet, assist such person so
owing service or labor as aforesaid, directly or in
directly, to escape from such claimant, his agent
or attorney, or other person or persons legally
authorized as aforesaid shall harbor or conceal
such fugitive, SO as to prevent the discovery and
arrest of such person, after notice or knowledge
| of the fact that such person fugitive from
service or labor as aforesaid, shall for either of
! said offences, be subject to fine not exceeding
one thousand dollars, and Imprisonment not ex-
ceeding six months, by indictment and conviction
before the district court Of the United States for
! the district in which such offence may have been
committed, or before the proper court Of criminal
jurisdiction, il 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 injured by such Illegal con-
duct, the sum OF one thousand dollars, for each
! fugitive so lost aforesaid, 10 be recovered by
action of debt, in any of the district territorial
courts aforesaid, within whose jurisdiction the said
offence may have been committed.
| SEC. s. find be ii further eaacted, That the
ma prshals, their depaties, and the clerks Of the
said district and territorial courts shall be paid