KIDNAPPING. FUGITIVES FROM LABOUR. 347

ney for such time as the said judge shall think reasonable and just, and to a day-certain when the said fugitive shall be brought before him by habeas corpus in thecourt house of the proper county, or in term time, at the chamber of the said judge,for final hearing and adjudication ; Provided , that if the adjournment of the hearingbe requested by the claimant, his agent or attorney, such adjournment shall not begranted unless the said claimant, his agent or attorney shall give security satisfac-tory to the judge, to appear and prosecute his claim, on the day to which the hear-ing shall be adjourned ; Provided, that on the hearing last mentioned, if the judgecommitting the said fugitive, or taking the security as aforesaid, should be absent,sick, or otherwise unable to attend, it shall be the duty of either of the other judges,on notice given, to attend to the said hearing, and to decide thereon.

Sect. VIII. That the officers which may or shall be employed in the executionof the duties of this Act shall be allowed the same fees for service of process thatsheriffs within this commonwealth are now allowed for serving process in criminalcases; and two dollars and fifty cents per day for each and every day necessarilyspent in performing the duties enjoined bn them by this Act, to be paid by the owner,agent or attorney, immediately on the performance of the duties aforesaid.

Sect. IX. That no alderman or justice of the peace of this commonwealth shallhave jurisdiction, or take, cognizance of the case of any fugitive from labour, fromany of the United States or territories, under a certain Act of Congress, passed onthe twelfth day of February, one thousand seven hundred and ninety-three, entitled,“ an Act respecting fugitives from justice and persons escaping from the serviceof their masters nor shall any alderman or justice of the peace of this common-wealth issue or grant any certificate or warrant of removal of any such fugitive fromlabour, as aforesaid, except in the manner, and to the effect provided in the thirdsection of this Act, upon the application, affidavit or testimony of any person or per-sons whatsoever, under the said Act of Congress, or under any other law, authorityor Act of the Congress of the United States ; and if any alderman or justice of the peaceof this commonwealth shall contravene the provisions of this Act, take cognizancesor jurisdiction, of the case of any such fugitive as aforesaid, except in the mannerherein-before provided, or shall grant or issue any certificate or warrant of removal asaforesaid, then, and in either case, he shall he deemed guilty of a misdemeanour inoffice, and shall, on conviction thereof, be sentenced to pay, at the discretion of thecourt, any sum not less than five hundred dollars, nor exceeding one thousand dol-lars ; the one half to the party prosecuting for the same, and the other half to theuse of this commonwealth.

Sect. X. That it shall he the duty of the judge or recorder of any court of recordof this commonwealth, when he grants or issues any certificate or warrant of re-moval of any negro or mulatto, claimed to be a fugitive from labour to the state orterritory from which he or she fled, in pursuance of an Act of Congress, passed onthe twelfth day of February, one thousand seven hundred and ninety-three, entitled“ an Act respecting fugitives from justice, and persons escaping from the service oftheir mastersand of this Act to make a fair record of the same, in which he shallenter the name, age, sex, and a general description of the person of the negro ormulatto for whom he shall grant such certificate or warrant of removal, togetherwith the evidence, and the name, and places of residence of the witnesses, and theparty claiming such negro or mulatto, and shall, within ten days thereafter, file acertified copy thereof in the office of the clerk of the court of General QuarterSessions of the peace, or mayor’s court of the city or county in which he mayreside.

Sect. XI. That nothing in this Act contained shall be construed as a repeal oralteration of any part of an Act of Assembly, passed on the first day of March,one thousand seven hundred and eighty, entitled “ an Act for the gradual abolitionof slavery,” except the eleventh section of said Act, which is hereby repealed andsupplied ; nor any part of an Act of Assembly, passed on the twenty-eighth day ofMarch, one thousand seven hundred and eighty-eight, entitled “ an Act to explain

^ , a . men<i an Act for the gradual abolition of slavery,” except the seventh sectionof this last mentioned Act, which is hereby supplied and repealed.