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
attorneys, 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.
_And be it further enacted_, That, upon affidavit made by the claimant
of such fugitive, his agent or attorney, after such certificate has been
issued that he has reason to apprehend that such fugitive will be
rescued by force from his or her possession before he can be taken
beyond the limits of the State in which the arrest is made, it 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
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 to
retain them in his service so long as circumstances may require. The
said officer and his assistants while so employed to receive the
compensation, and to be allowed the same expenses, as are now allowed by
law for transportation of criminals, to be certified by the judge of the
district within which the arrest is made, and paid out of the Treasury
of the United States.
_And be it further enacted_, That when any person held to service or
labor in any State or Territory, or in the District of Columbia, shall
escape therefrom, the party to whom such service or labor may 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 a record to be made of the matters so proved, and also a
general description of the person so escaping with such convenient
certainty as may be; and a 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 district in which the person
so escaping may be found, and being exhibited to any judge,
commissioner, or other officer authorized by the law of the United
States to cause persons escaping from service or labor to be delivered
up, shall be held and taken to
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