Unknown A Bill, to amend the act, intituled, "An act respecting fugitives from justice, and persons escaping from the service of their masters"

[Draft Created by Crowdsourcing]
February 25, 1801,
Read the first and second time, and ordered to be committed to a committee of the whole House, to-morrow.

A BILL
To amend the act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters."

1 Section 1. BE it enacted by the Senate and House of Representatives
2 of the United States of America, in Congress assembled, That if any per-
3 son whatsoever shall, after the passage of this act, conceal, harbour or
4 employ, or aid or abet in concealing or harbouring or employing any fu-
5 gitive from labour, knowing him to be such, escaping from one state
6 into another, or to, or from either of the territories of the United
7 States, such person so harbouring, concealing or employing, or aiding
8 or abetting therein, as aforesaid, shall forfeit and pay the sum of five
9 hundred dollars, to be recovered for the benefit of the owner of such
10 fugitive from labour, by action of debt, in any court proper to try the
11 same: Provided always, however, That no person shall be liable to any
12 penalty for employing such fugitive, if such employer shall give notice
13 thereof, by publishing, for three weeks successively, an advertisement
14 containing a general description of the fugitive, and the time and place
15 when and where he was so employed, in two of the public newspapers
16 printed in the state where such employer resides, the first publication

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17 to be within one month next after his first employing such fugitive.
18 Provided, That nothing herein contained shall be construed to impair, or
19 affect any of the laws of any particular state for regulating, restraining
20 or punishing vagrants, disorderly, idle or transient persons.

1 Sec. 2. And be it further enacted, That in any suit which may be
2 brought for a penalty forfeited under this act, or that which it is intended
3 to amend for the harbouring, concealing or employing or aiding or
4 abetting therein, as aforesaid, of any person claimed as a fugitive from,
5 labour, not born and raised in the state in which he may be harboured,
6 concealed or employed, if the party sued cannot produce satisfactory
7 testimony that the said person claimed as a fugitive, had in his possession
8 at the time of concealing, harbouring or employing or aiding or
9 abetting therein, as aforesaid, a manumission or other instrument in
10 writing from a person having a right to make or grant the same, render-
11 ing it lawful for such as person so claimed as a fugitive to go at large, or
12 the certificate of a justice of the peace of the same county where such
13 person claimed as a fugitive had before usually resided, that such person
14 so claimed as a fugitive was free, or a certified copy under a county seal
15 of the record of the manumission or other instrument or certificate afore-
16 said, it shall be no defence that the party sued had no notice, knowledge
17 or information that the person claimed as a fugitive owed labour or ser-
18 vice to any other person, and the said be liable to the penalty
19 aforesaid without such notice, knowledge or information.

1 Sec. 3. And be it further enacted, That on proof made before any
2 justice or judge of any of the courts of the United States, or judge or
3 justice of the peace, or other magistrate of any state, by the master
4 or owner of any person held to labour in either of the United

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5 States, or in either of the territories aforesaid, or by any agent or
6 attorney or other person, on the behalf of such master or owner,
7 that any such person owes service, or labour in any other states,
8 or in either of the said territories, and is a fugitive therefrom, and
9 is at large or concealed in the state or territory in which such
10 testimony is offered, it shall be lawful for and the duty of any
11 such judge or justice to issue a warrant his hand and seal,
12 to search for such fugitive in any place named in such warrant,
13 and when found to apprehend and bring such fugitive before him;
14 and such warrant may be directed to, and executed by any marshal
15 or deputy marshal of any district of the United States, or by any sheriff,
16 deputy sheriff, constable, bailiff of other peace officer of any of the
17 United States or either of the said territories; and if upon exami-
18 nation of the person so arrested, it shall appear, that he or she is
19 a fugitive from labour, or person held to service under the laws of any
20 states, or either of the said territories, it shall be the duty of such judge or
21 justice, and he shall be, and is hereby authorized to deliver such fugitive
22 to his or her said master or owner, or to the agent or attorney of such
23 master or owner, or if thereto required, such judge or justice shall be, and
24 is hereby authorized to commit such fugitive to any goal of the United
25 States, or goal of any state, to be held in state custody for, and at the
26 expense of such master or owner, and to be delivered to his agent
27 or attorney: Provided, That if at the expiration of six calender months
28 from such arrest, such master or owner shall not claim and remove
29 such fugitive, it shall be lawful for any such judge or justice to
30 discharge such person from his imprisonment; but such release and
31 discharge shall not operate or be considered as any bar to the future
32 claim of such master or owner.

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1 Sec. 4. And be it further enacted, That immediately on the commit
2 ment of the said fugitive, it shall be the duty of the goaler, to whose
3 care his is committed, to advertize for at least six weeks in not less
4 than news-papers of the state, that such fugitive has been
5 committed to his custody; mentioning the name of the person upon
6 whose testimony he was committed, and also the name of the alleged
7 master or owner: and any goaler failing herein shall forfeit and
8 pay the sum of dollars, to be recovered by action
9 of debt, in any court of law proper to try the same, for the bene-
10 fit of the informer.

1 Sec. 5. And be it further enacted, That when any fugitive shall be
2 committed to goal under this act, that person at whose instance such fu-
3 gitive is committed, shall give such security to the goaler, as the judge or
4 justice, ordering the commitment, shall approve, for the due payment
5 of all fees and charges which shall arise or become due in consequence of
6 such commitment.

[docket]
Person escaping from the Services of their Masters-