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that the said hath escaped from the labour and service of the said ; you are,
therefore, commanded to arrest and seize the body of the said if lie be found in
your county, and bring him forthwith before the person issuing the warrant, if a judge (or ifa justice of the peace or alderman,) before a judge of the court of common pleas or of thedistrict court, as the case may be, of your proper county, or recorder of a city, so that thetruth of the matter may be inquired into, and the said be dealt witli as the consti-
tution of the United States and the laws of this commonwealth direct. Witness our saidjudge (or alderman or justice of the peace, as the case may be,) at , this day of, A. D. one thousand eight hundred and
By virtue of such warrant the person named therein may be arrested by the pro-per sheriff or constable to whom the same shall be delivered within the proper cityor county.
Sect. IV. That no judge, justice of the peace or alderman shall issue a warranton the application of any agent or attorney as provided in the said third section, un-less the said agent or attorney shall, in addition to his own oath or affirmation, pro-duce the affidavit of the claimant of the fugitive taken before and certified by a justiceof the peace or other magistrate, authorized to administer oaths, in the state orterritory in which such claimant shall reside, and accompanied by the certificate ofthe authority of such justice or other magistrate to administer oaths, signed by theclerk or prothonotary, and authenticated by the seal of a court of record in suchstate or territory, which affidavit shall state the said claimant’s title to the service ofsuch fugitive, and also the name, age and description of the person of such fugitive.
Sect. V. That it shall be the duty of any judge, justice of the peace or alderman,when he grants or issues any warrant under the provisions of the third section ofthis Act, to make a fair record on his docket of the same, in which he shall enter thename and place of residence of the person on whose oath or affirmation the saidwarrant may be granted ; and also, if any affidavit shall have been produced underthe provisions of the fourth section of this Act, the name and place of residence ofthe person making such affidavit, and the age and description of the person of thealleged fugitive contained in such affidavit; and shall, within ten days thereafter,file a certified copy thereof in the office of the clerk of the court of General QuarterSessions of the Peace or Mayor’s Court of the proper city or county ; and any judge,justice of the peace or alderman who shall refuse or neglect to comply with the pro-visions of this section shall be deemed guilty of a misdemeanour in office, and shall,on conviction thereof, be sentenced to pay, at the discretion of the court, any sumnot exceeding one thousand dollars, one half to the party prosecuting for the same,and the other half to the commonwealth, and that any sheriff or constable receivingand executing the said warrant shall, without unnecessary delay, carry the personarrested before the judge according to the exigency of the warrant; and any sheriffor constable who shall refuse or wilfully neglect so to do shall, on conviction thereof,be sentenced to pay, at the discretion of the court, any sum not exceeding five hun-dred dollars, one half to the party prosecuting for the same, and the other half to thecommonwealth, or shall also be sentenced to imprisonment at hard labour for a timenot exceeding six months, or both.
Sect. VI. That the said fugitive from labour or service, when so arrested, shallbe brought before a judge as aforesaid, and upon proof to the satisfaction of suchjudge, that the person so seized or arrested, doth, under the laws of the state or ter-ritory from which he or she fled, owe service or labour to the person claiming himor her, it shall be the duty of such judge to give a certificate thereof to such claimant,his or her duly authorized agent or attorney, which shall be sufficient warrant forremoving the said fugitive to the state or territory from which he or she fled ; Pro-vided, that the oath of the owner or owners or other person interested shall in nocase be received in evidence before the judge on the hearing of the case.
Sect. VII. That when the fugitive shall be brought before the judge, agreeablyto the provisions of this act, and either party allege and prove to the satisfaction ofthe said judge, that he or she is not prepared for trial, and have testimony materialto the matter in controversy, that can be obtained in a reasonable time, it shall andmay be lawful, unless security satisfactory to the said jndge be given for the appear-ance of the said fugitive, on a day certain, to commit the said fugitive to the commonjail for safe keeping, there to be detained at the expense of the owner, agent or attor-