The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-07-22
NO. 800.

,,,os fugitive from service or labor as aiore-
SUI WI shall. for either Of said offences, be sub
az 70 fine not exceeding one thousand dol.
and Imprisonment not exceeding six
il ,D,bs by indictment and conviction before
nv district court of the United States for the
~, I',,r;ct in which such offence may have been
un'r,r,mitted. or before the proper court Of Grim
vi jurisdiction, if committed within any one
orcanized Territories of the United States
and shall moreover forfeit and pay, by way OF
",ril damages TO the party injured by such
JLoal conduct, the sum of one thousand dollars
-, each fugitive so lost as aforesaid, to be re
',rered by action of debt, in any OF the district
~ territorial courts aforesaid, within whose
,,risdiction the said offence may have been
committed. MI a.
SEC 6. .and be Il further enacted, That the
,oarsbals. their deputies, and the clerks OF the
,ad district and territorial courts, shall be pald
,nr their services the like fees as may be allowed
;, them for similar services in other cases ana
'boro such services are rendered exclusively
" the arrest. custody, and delivery OF the fugl-
,;va 10 the claimant, his or her agent or attor-
new. or where such supposed fugitive may be
discharged out of custody for the want OF suffl-
oor, nroot as aforesaid, then such fees are to be
noid in the whole by such claimant, his agent
pT attorney and in all cases where the proceed
mos are before a commissioner, he shall be en-
Mod 10 fee of ten dollars in full for his servl-
cos in each case, upon the delivery of the said
corG6cate 10 the claimant, his or her agent or
attorney or fee of five dollars in cases where
the proof shall not, in the opinion OF such com-
n,;slioner warrant such certificate and delivery,
A Incident IN cnph arrest
and examination, TO be paid IN either case Dy
the claimant. his or her agent or attorney. Inc
nerson or persons authorized to execute tne
process TO be issued by such commissioners lot
The arrest and detention OF fugluyes rom ser
vice or labor as aforesaid, shall also DE ehliied 10
\ fee of five dollars each for each person he or
they NAV arrest and take before any such COM
missioner as aforesaid, at the instance and re-
ouest of such claimant, with such other fees as
may be deemed reasonable by such commission
pr for such other additional services as may be
necessarily performed by him or them such as
attending at the examination, keeping the fug-
live 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
NAV be required by such claimant, his or her
attorney or agent, or commissioner In the prem
Uses, 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 attor
neys, whether such supposed fugitives from
service or labor be ordered to be delivered TO
such claimants by the final determination of
such commissioner or not.
Sec. g. find be 1t further enacted, That
upon affidavit made by the claimant of such
fugitive, his agent or attorney, after such GER
tihcate has been issued, that he has reason to
apprehend that such fugitive will be rescued
by force from his or their possession before he
can be taken beyond the limits of the State in
which the arrest is made, il shall be the duty
of the officer making the arrest to retain such
fugitive in his 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 he may deem necessary to overcome
such force, and 10 retain them in his service SO
long as circumstances may require. The said
officer and his assistants, while so employed, to
receive the same compensation, and TO be allow
ed the same expenses, as are now allowed by
law for transportation Of criminals, to be CERT
fed by the Judge of the district within which
the arrest is made, and paid out Of the treasury
Of the United States.
SEC. 10. ind be 1t further enacted, That
when any person held to service or labor in any
State or Territory, or in the District of Colum-
bla, shall escape thereform, the party TO whom
such service or labor shall be due, his, her, or
their agent or attorney, may apply TO any court
OF record therein, or Judge thereof in vacation,
and make satisfactory proof to such court, or
Judge IN vacation, of the escape aforesaid, and
that the person escaping owed service or labor
TO such party. Whereupon, the court shall
cause record to be made of the matters so
proved, and also general description of the
person so escaping, with such convenient GER
tany as may be- and transcript of such
record, authenticated by the attestation of the
clerk and OF the seal of the said court, being
produced IN any other State, Territory, or Dis
lrlct, IN which the person so escaping may be
found, and being exhibited to any Judge, com
missioner, or other officer authorized by the
law OF the United States to cause persons es-
Gaping from service or labor 10 be delivered
up, shall be held and taken to be full and con-
elusive evidence of the fact Of escape. and that
the service or labor Of the person escanino 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 CON
tanned in the said record, of the identity of the
person escaping, he or she shall be delivered
up to the claimant And the said court com
missioner, Judge, or other person authorized
by this act TO grant certificates to claimants OF
iugitives, shall, upon the production of the rec
ord and other evidences aforesaid, grant to such
claimant a certificate Of his right TO take any
such person identified and proved to be owing
service or labor as aforesaid, which certificate
shall authorize such claimant to seize or arrest
and transport such person TO the State or Ter
rltory from which he escaped Prouided, That
nothing herein contained shall be construed as
requiring the production OF a transcript of such
record as evidence as aforesaid But in its alb
sence, the claim shall be heard and determined
upon other satisfactory proofs, competent in
law
HOWELL COBB,
Speaker of The House of Representatives..
WILLIAM Il. KING,
PppSide,1 nF H. Co.nya ,,..o t...,s,ou.