The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-10-21

such services are rendered exclusively Ia the ar
rest 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 ~ afore
said, 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 com
missioner he shall be entitled to fee Of ten dol
lars in full for his services in each case, upon the
delivery OF the said certificate TO the claimant bis
or her agent or attorney OF fee Of FIVE doll4rs
in cases where the proof shall not, 10 the opinion
Of such commissioner, warrant such certificate AMI
delivery inclusive of all services incident to such
arrest and examination, TO be paid in either case
by the claimant, his or her agent or attorney. The
person or persons authorized to execute the pre-
70 to he issued by such commissioners, for the
arrest and detention Of fugitives from service or
labor as aforesaid shall also be entitled 10 fee
Of FIVE dollars each for each person be or they
may arrest AMI take before any such commission
aforesaid, at the instance and request or
such claimant, with such other fees "a may be
deemed reasonable by such commissioner for such
other additional services may be necessarily
performed by him them such as 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 aud in general for perform
ing such other duties as may be required by such
claimant his or her attorney or agent, or oommif-
sioner in the premises such fees 10 be made mp
in conformity with the fees usually charged by
the officers Of the courts Of justice within the prop
er district or county, a. near as may be practca-
bic, and paid by such claim 'nts their agents or
attorneys, whether such supposed fugitives from
service labor be ordered 70 be delivered to such
claimants by the final determination Of such COM
mi .soner not
SEC. 9 Ani be Il Isriher enacted, That upon af-
iavit made by the claimant Of such fugitive, his
agent attorney sitter such certificate has been ia
SUE that he has resson sprreh, nj that such fu-
gtive will be rescued by force from his or their po'
session tefore he can 30 taken beyond the limits
OF the State in which the arres, l. made, il shalt
he the duty Of the officer msking the arrest to re-
tain such fugitive in his cusioiy, and to remove
him to the State whence he fed and there to ic-
liver him to said claim ant, his agent attorney.
And TO this end, the officer aforesaid Is hereby
authorized and required TO employ 30 mlny per-
sons as he may deem necessary 10 overcome such
force and 10 retain them ia his service So long as
circumstances may require. The said officer and
his assistants, while so employed, to receive the
same compensation. and TO he allowed the s'mo
tx pense., rs ure now allowed by law for transport
att III OF criminals 20 be certified by the judge OF
the district within which thr arrest il made, al
pad out of tns treasury Of Tho Uuite'l States
SEo 10. A1i b. u |'riher 2nGc'e3, That when
any per,on held TO service or lInor in any State
or Territory or in the District OF Columbia, shall
escape ,hr-efrom, the party to wlom snch ser
vice or labor shall he Inc bis her. their ageut
or attorney, may apply to any court of record
therein, or judge thereof in vacation and make
satisfactory proof to such court, or jndge in va
cation Of the ESQ ,pe aforesaid. and that tn per-
s1n escaping owed service or labor TO such party.
| Whereupou, tle court shall cause a record to Re
made Of the matters 30 prosed, aud also gcner.
| a l,ko
| such convenient certliny AZ may be; and a tran
script OF such record authenticated by the attest
on Of tn clerk and of the sal Of the sail coart,
being produced in any other 5 tie, Territory, or
District, in which the person 81 sc ping may he
found, and being exhibited II any jldge, c)mmis.
sioner or other officer authoriz d by the law of
the United States 10 cause persons csc lping from
servc, or llhor 10 he delivered up, shall be held
aui taken to he full and conclusive evidence Of
the fact OF escape, aud that the service or labor
of the person escaping is due to the party in such
record mentioned Aud upon the production by
the i'd party Of other and further evidence, if
necessary, either oral by stii iavt, in addition
to what is contained in the said record, of the
identity Of the person Iping, he or she shall be
! lie ivered up to the claimant. And the sid curt
commissioner judge, o. other person authorized
by this act to grant ccrtiho ties to clamtntspf fu
gi'ives, shall, upon the production of the record
AMI other evidences aforesaid, grant to such claim
ant a certificate Of his RICH. 10 take any suoh per-
son identihel aud proved to he owing serve, or
labor as aforesaid, which certificate sh al author
ize such claimant to seize arreit and transport
such person 10 the State or Territory from which
he escaped PrOUMed, That nothing herein con-
tanned shall he construed as requiring the pro-
idction Of transcript Of spch record as evidence
as aforesaid But in its Absence the claim shall
he heard and determined upon other satisf Glory
proofs competent in law
HOWELL COBB,
Speaker Of Ihe House OF Representatives.
WILLIAM r. KING,
President Of the Snate pro temp,rs
Approved, September is, 1850.
WILLARD FILLMORE.