The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-06-25
The Fugitive slave Law In California.

An act respecting fugitiues from labor and slaues
brought to This State, prior TO her admission into
the Union.
The people of the State of California, repre-
scented in senate and assembly, do enact as fol
lows:
SEC. L. When person held to labor in any
State or territory of the United States, under
the laws thereof shall escape into this State, the
person to whom such labor or service may be
due, his agent or attorney, is hereby empow-
cred to seize or arrest such fugitive from labor,
or shall have the right to obtain warrant Of
arrest for such fugitive, granted by any judge
justice, or magistrate of this State, and directed
to any sheriff or constable of this State and
when served or arrested, to take him or her be
fore any judge or justice of this State, or before
any magistrate of a county or town corporate,
and upon proof to the satisfaction of such Judge
or magistrate, either by oral testimony or affi
davit taken before and certified by any Judge or
magistrate of this State, or of any other State
or territory, that the person so seized or ar
rested doth, under the laws of the State or ter
rtory from which he or she fled, owe service or
labor to the person claiming him or her, it shall
be the duty of such Judge or magistrate to give
certificate thereof to such claimant his agent
or attorney, which shall be sufficient warrant
for removing the said fugitive from labor to the
State or territory from which he or she fled,
and for using such force and restraint as may be
necessary 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 hear
ing under this act shall the testimony of such
alleged fugitive be admitted in evidence, and
the certificate herein before mentioned shall be
conclusive of the right of the person or persons
in whose favor granted to remove such fugitive
to the State or territory from which he or she
escaped, and shall prevent all molestation of
such persons by the process issued by court,
Judge, justice, magistrate, or other person whom
soever.
SEC. 3. Any person who shall knowingly or
willingly obstruct, hinder, or prevent such claim
ant, his agent or attorney, or any person or
persons lawfully assisting him, her or them,
| from arrcsting such fugitive from service or la
bor either with or without process as afore-
said or shall rescue or attempt to rescue such
| fugitive from the custody Of such claimant, his
or her agent, or other person or persons law.
| fully assisting as aforesaid, when 80 arrested
pursuant to the authority herein given and de-
clared, or shal aid, abet, or assist such fugitive
directly or indirectly to escape from such claim
ant, his agent or attorney, or other person OF
persons legally authorized as aforesaid, or shall
harbor or conceal al, h fugitive, as to prevent
the discovery and arrest of such fugitive, shall
for either of such offences be subject TO fine
of not less than FIVE hundred dollars and im-
prisonment not less than two months by indict
ment and conviction before any court of session
of this State, or before any court having Grim
inal jurisdiction within this State, and shall
moreover forfeit and pay by way of civil dam
ages to the claimant of said fugitive, the sum Of
one thousand dollars for each and either of sait
offences, to be recovered by action in any dis
trict court Of the State.
SEC. 8. 1t shall be the duty of the sheriff
deputy sheriff and constable, to obey and exc
cute all warrants and precepts issued under ths
provisions of this act when to them directed
and should any sheriff, deputy sheriff or consta
BILE refuse TO receive such warrant or other pro