OCR Text |
Show 241 ' APPENDIX TO NOTES. nnt, if the scniccs arc rendered exclusively in the arrest, &c., of a fugiti\·c. ~ G. 'Vhcn n. person held to scnice or labor in any State or 'J'crri~ tory of the United States has heretofore or sktll hcrc:~ftcr escape into ~~l~~~:~~n s:~~~~1 ~~~:;~~i~~r{~~~~~~~~a~ n~~c~t~~n~~\~~.o tfe~:s~;l t~~~i~c~~~~~ or attorney, dul>: authorized, by power of attorney, in writing, acknow· lodged nnd ccrt•ficd under the seal of some legal officer or court of tho St:~tc or Territory in which tho snmc may be executed, mn,y pursue and rccf::..im such fugitive person, cithct· by procuring n. wn.rmnt from some one of tho courts, judges, or commi~s'1oncrs a foresaid, of tho proper circuit, district, or county, for the n.pprchm1sion of such fugi· tivc from service or h bor, or by seizing and nrrcsting such fugitive, where tho same cn.n be dono without process, ami. by taking, or ca.using such person to be l:tkcn, forthwith before such court, judge, or com· missioner, whoso dnt.y it shall be to hear and dctcnn.ine the case of such claimant in a summary mnnncr; and upon satisfactory proof l;.::ing made, by lleposition or affidavit, in writing, to be taken and certified Ly such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other leg:ll officer authorized to administer an oath and take deposi· tions under tho la.ws of t he Sta.tc or Tcrritlll'Y from which such llCI·son owing service or bbor may have escaped, wilh a certificate of sqch mag· istratc or other authority, with the seal of the proper court or officer thereto a.ttaehcd, which seal shn\1 be sufficient to establish the com· potency of tho proof, and with .p roof, also b.v a.llidavit, of tho identity of tho person whose ~crvice or h\.bor is claimed to be due, that tho person so n.rrestcd docs in fact owe service or labor to the person or persons claiming him or hor, in the State or Territory from which such fugitiYo may have escaped, and Umt said person escaped, to make out and dohver to such claima.nt, his or her agent or attorney, a. ccrtificn.to setting forth the suLshtntial facts as to the service or labor duo from such fugitive to the claimant, and of his or her escape from the St:~tc or Territory in which such service or bbor was due, to the State or Territory in which ho or she was arrested, with authority to such cla.imn.ut, or his or her agent or nttorncy, to usc such reasonable force n.nd restraint as may be ncccssa.ry, under the circumstances of the case, to take and remove such fug itive person back to tho Stnto or Territory whence lw or she may have escaped. In no trial or hoaring under this act shn.ll the testimony of such alleged fugitive bo admitted in evidence ; :md t.lie certilic:ttes shall be conclusive of tho ~~~i1!i~! !~0t~~rg~~t~ro~0I~~~~t~~~y"f~~~~~ !l~~~l1 g;~~~n~~~at;e~~~~~dc :~~~fi vrevent all molcst:~tion of such person or persons by any process 1ssued by any court, judge, magistrate, or other person whomsoever. ~ 7. Any person who shall knowingly and willingly obstruct, hinder, or prevent such claimn.nt, his ngen t or fLttorney, or any person or per· sons lawfully assisting him, her, or them, from arresting such fup;i· tivc from service or labor, either with or without process as aforcs:ud; or shall re~>cne, or attempt to rescue, such fug1tivc from service or ;u.bor from the custody of such cla.im:~nt, his or her agent or attorney, |