Daily national era., 1854-02-07

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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 service or
labor may have escaped, with certificate
Of such magistrate or other authority, as
aforesaid, with the seal Of the proper court
or officer thereto attached, which seal
shall be sufficient TO establish the compe-
tency Of the proof and with proof, also by
affidavit, Of the identity of the person
whose service or labor is claimed to be
due, as aforesaid that the person SO ar
rested does in fact owe service or labor to
the person or persons claiming him or her,
in the State or Territory from which such
fugitive may have escaped as aforesaid,
and that said person escaped, to make out
and deliver to such claimant, his or her
agent or attorney, certificate setting
| forth the substantial facts as to the service
or labor due from such fugitive to the
claimant and of his or her escape from the
State or Territory in which such service or
labor was due, to the State or Territory in
which he or she was arrested, with author
ity to such claimant, or his or her agent or
attorney, to use such reasonable force and
restraint as may be necessary, under the
circumstances Of the case, to take and re-
move such fugitive person back to the
State or Territory whence he or she may
have escaped as aforesaid. In no trial
or hearing, under this act, shall the testi-
mony Of such alleged fugitive be admitted
in evidence; and the certificates in this
and the first section 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 escaped, and shall prevent all
molestation of such person or persons, by
any process issued by any court, Judge,
magistrate, or other person, whomsoever.
Sec. Z. find be 1T further enacted, That
any person who shall knowingly and will
ingly obstruct. hinder, or prevent such
claimant, his agent or attorney, or any
person or persons lawfully assisting him,
her, or them, from arresting such fugi-
tive from service or labor, either with or
without process as aforesaid or shall res
cue or attempt to rescue such fugitive from
service or labor, from the custody of such
claimant, his or her agent or attorney, or
| other person or persons lawfully assisting
as aforesaid, when so arrested, pursuant
to the authority herein given and declared; !;
or shall aid, abet, or assist such person SO
owing service or labor as aforesaid, directly
or indirectly, to escape from such claim
ant, his agent or attorney, or other person
or persons legally authorized as aforesaid !;
or 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 was a fugitive
from service or labor as aforesaid, shall,
for either Of said offences, be subject to a
| fine not exceeding one thousand dollars,
and imprisonment not exceeding six
months, by indictment and conviction be-
fore the district court Of the United States
for the district in which such offence may
have been committed, or before the prop
er court Of criminal jurisdiction, if COM
mitted 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
conduct, the sum Of one thousand dollars
for each fugitive so lost as aforesaid to be
recovered by action Of debt, in any Of the
district or territorial courts aforesaid, within
whose jurisdiction the said offence may
have been committed.
SEC. 8. find be al further enacted, That
the marshals, and their deputies, and the
clerks of the said district and territorial
courts, shall be paid for their services the
like fees as may be allowed to them for
similar services in other cases; and where
such services are rendered exclusively in
the arrest, custody, and delivery of the
fugitive TO the claimant, his or her agent
or attorney, or where such supposed fugi-
tive may be discharged out of custody for
the want of sufficient proof as aforesaid,
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 a commissioner, he shall be
entitled to a fee Of ten dollars in full for
his services in each case, upon the delivery
Of the said certificate to 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 commissioner,
warrant such certificate and delivery, in
elusive Of all services incident to such ar
rest and examination TO be paid in either
case by the claimant, his or her agent or
attorney. The person or persons author
lied 10 execute the process to be issued
by such commissioners, for the arrest and
detention Of fugitives 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 as aforesaid, at the instance
and request Of such claimant; with such
other fees as may be deemed reasonable
by such commissioner for such other ad-
ditional services as may be necessarily
performed by him or them such as at
tending at the examination, keeping the
fugitive in custody, and providing him with
food and lodging during his detention,