arrested before ken. said fugitive who shall be named in the said warrant; and in sheriff' or con case the said fugitive shall be arrested in the county in which stable. said warrant may be issued, to bring him or her before Fugitive when some judge of a court of record of this state residing within whom to be ta. such county, or in case the said fugitive shall be arrested in any other county than the county in which the warrant may be issued, then to take him or her before some judge of a court of record in this state, residing in the county in which such arrest is made: Provided, however, That no such warrant shall Proviso. be returned before any officer residing out the county in which the same may have been issued, unless the official character of the judge or justice issuing the same shall be duly authenticated by the seal and certificate of the clerk of the supreme court or court of common pleas; and if issued by a mayor of any city or town corporate, the official character of said mayor shall be duly authenticated under the seal of said city or town corporate; which said warrant shall be in the form and to the effect following, that is to say: The State of Ohio, county, ss. Form of war. To any sheriff or constable of the State of Ohio, greeting: rant. This is to authorize and require you to seize and arrest the body of sworn or affirmed to be the slave or servant (as the case may be) of [of] the state of and in case such arrest be made in this county, to bring such person so arrested forthwith before some judge of a court of record of this state residing within this county; or in case such arrest be made in any other county in this state, then to take said person so arrested before some judge of a court of record of this state residing within the county in which such arrest may be made, to be dealt with as the law directs. be attached to warrant. warrant is direc. state. and prove his To which warrant shall be annexed a copy of the oath or affir- Copy of oath to mation hereinbefore specified: Provided, That no such arrest shall be made by any sheriff or constable of this state without Officer to whom the limits of his own proper county: by virtue of which war- ted may arrest rant the said fugitive named therein shall be arrested by the fugitive in any officer to whom it is directed, in any county of this state. county in this Sec. 2. The said person so claimed as a fugitive, when so Claimant to give arrested, shall be brought before the officer as directed in the security for costs first section of this act; and the said claimant, his or her agent claim. or attorney, having first given security for the costs, and having proved to the satisfaction of such officer, that the person so seized and arrested doth, under the laws of the state from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge to give a certificate thereof to such claimant, his or her agent or attorney, which Judge's certifi shall be sufficient authority for removing the said fugitive to the for removing state from which he or she fled; but no such certificate shall fugitive. be deemed a sufficient authority for the removal of such fugitive, under the provisions of this act, unless the official character of the officer giving the same, be duly authenticated according to the provisions of this act, in relation to the issuing of warrants. cate authority Penalty for hindering officer or removing fugitive. Sec. 3. If any person or persons shall knowingly and wilfully prevent such sheriff or constable from arresting such from arresting fugitive from labor or service as aforesaid, or shall knowingly and wilfully obstruct or hinder such sheriff or constable in making such arrest; or shall knowingly and wilfully hinder or obstruct any claimant, his or her agent or attorney, having the certificate provided for in the second section of this act, in the removal of such fugitive to the state from which he or she fled; or shall rescue, or aid and abet in the rescue of such fugitive from such sheriff, constable, claimant, agent or attorney; or if two or more persons shall assemble together with intent to obstruct, hinder or interrupt such sheriff or constable in arresting such fugitive, or with intent to obstruct, hinder or interrupt such claimant, agent or attorney having the certificate aforesaid, in the removal of such fugitive to the state from which he or she fled, and shall make any movement or preparation therefor, every person so offending shall, upon conviction thereof, by indictment, be fined in any sum not exceeding five hundred dollars, or be imprisoned in the jail of the county not exceeding sixty days, at the discretion of the court; and shall moreover be liable in an action at the suit of the person claiming such labor or service. Mode of procce. dure upon re. turn of warrant. Sec. 4. That when said fugitive shall be brought before the judge agreeably to the provisions of this act, on the return of the warrant, if the claimant, his or her agent or attorney, shall not be prepared for trial, and shall make oath or affirmation that he or she does verily believe that the person so arrested is a fugitive from labor or service in another state, and that if allowed time he or she will be able to produce satisfactory evidence that the person so arrested does owe such labor or service, it shall be the duty of such judge to postpone the trial to such time as he may deem reasonable, not exceeding sixty days; and in case of such postponement, it shall and may be lawful for said judge, unless the person so arrested shall enter into bond, with one or more sufficient securities to be approved of by such judge, in the penal sum of one thousand dollars to the person claiming the person so arrested as aforesaid, conditioned for his or her appearance on the day to which the trial shall be postponed, and that he or she will then and there abide the decision of the judge who shall try the case, to commit the party arrested to the jail of the county where the trial is pending, there to be detained at the expense of the claimant, his agent or attorney, until the day set for trial by said judge; and in case the party arrested shall be committed to the jail of the county, the claimant, his or her agent or attorney shall pay down to said judge, for the use of the person entitled thereto, the amount of the jail fees and the sheriff's fees for keeping and providing for such person during the period that he or she shall be imprisoned as aforesaid; and the said judge shall in like manner give time not exceeding sixty days for the production of evidence on behalf of the party arrested, if he or she shall file an affidavit, that he or she does not owe labor or service to the claimant, and that affiant verily believes that he or she will be able to produce evidence to that effect: Provided, That the person so arrested shall give bond and security as aforesaid, in the penalty of one thousand dollars, and conditioned for his or her personal appearance at the time and place of trial, and that he or she will abide the decision of the judge who shall try the case; and on failure to give such bond and security, the party arrested shall be committed to the jail of the county, there to be detained until the time fixed for trial as aforesaid; and on the day appointed for the trial such fugitive, if committed to jail, shall be brought before said judge, or in case of his absence, sickness, or inability to attend, before some other judge of a court of record of this state residing within such county, by the written order of such judge directed to the sheriff or jailor of the proper county, for final hearing and adjudication; and in case there shall be a breach of the condition of either of said bonds the claimant shall have a right of action thereon, and recover as in other cases; and on said trial either party shall be entitled to be heard by counsel, and shall have compulsory process to compel the attendance of witnesses. Sec. 5. It shall be the duty of the said judge, at the time to Further duties of which the case is postponed as aforesaid, to proceed to hear the judge. parties, and if it shall be proven to his satisfaction that the party arrested does owe labor or service to the claimant, he shall give such claimant, his or her agent or attorney, a certificate of that fact, which shall be a sufficient authority for such claimant, his or her agent or attorney to remove such fugitive from the state: but no such certificate shall be deemed a suffi- Certificate of judge must be cient authority for the removal of such fugitive unless the authenticated. official character of the officer giving the same be duly authenticated according to the provisions of this act in relation to the issuing of warrants; and if the party thus arrested shall not appear according to the conditions of his or her bond, it shall be the duty of said judge to deliver the same to the claimant, his or her agent or attorney, to enable him or her to bring suit thereon. sons owing labor Sec. 6. If any person or persons in this state shall counsel, Penalty for en advise, or entice any other person who by the laws of any other ticing away perstate shall owe labor or service to any other person or persons, to leave, abandon, abscond or escape from the person or persons to whom such labor or service according to the laws of such other state is or may be due, or shall furnish money or conveyance of any kind, or any other facility, with intent and for the purpose of enabling such person owing labor or service as aforesaid to escape from or elude the claimant of such person owing labor or service as aforesaid, knowing such person or persons to owe labor or service as aforesaid, every person so offending shall, upon conviction thereof by indictment, be fined in any sum not exceeding five hundred dollars, or be imprisoned in the jail of the county not excceding sixty days, at 6-G. L. Persons giving or harboring fugitive, how punished. the discretion of the court; and shall moreover be liable in an action at the suit of the party injured. Sec. 7. If any person or persons shall falsely, fraudulently, false certificate, and without proper authority, give to any other person, who by the laws of any other state shall owe labor or service to any person or persons, any certificate or other testimonial of emancipation, with the intent to defraud the person or persons to whom such labor or service may be due, knowing such person to owe labor or service as aforesaid, or shall harbor or conceal any such person owing labor or service as aforesaid, who may come into this state without the consent of the person or persons to whom such labor or service may be due, knowing such person to owe labor or service as aforesaid, every person so offending shall, upon conviction thereof by indictment, be fined in any sum not exceeding five hundred dollars, or be imprisoned in the jail of the county not exceeding sixty days at the discretion of the court; and shall moreover be liable in an action at the suit of the party injured. Compensation for services. Slavery to be recognized. Persons falsely punished. Sec. 8. Any sheriff, or constable, who shall execute any process directed and delivered to him under the provisions of this act, or any clerk of a court, or mayor, who shall authenticate any certificate or warrant under the provisions of this act, shall receive the same fees as are now allowed by law for similar services in other cases. Sec. 9. It shall be the duty of all officers proceeding under this act to recognize, without proof, the existence of slavery or involuntary servitude, in the several states of this Union in which the same may exist or be recognized by law. Sec. 10. If any person in any deposition or affidavit, or deposing, how other oath or affirmation, taken pursuant to the provisions of this act, shall wilfully and corruptly depose, affirm, or declare, any matter to be fact, knowing the same to be false, or shall in like manner deny any matter to be fact, knowing the same to be true, every person so offending shall be deemed guilty of perjury, and upon conviction thereof shall be imprisoned in the penitentiary, and kept at hard labor not more than seven, nor less than three years. Claimants act. authority, how punished. Sec. 11. If any person or persons shall in any manner ating without legal tempt to carry out of this state, or knowingly be aiding in carrying out of this state, any person, without first obtaining sufficient legal authority for so doing, according to the laws of this state or of the United States, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary and kept at hard labor, not less than three, nor more than seven years. Acts repealed. Barto procced. Sec. 12. That the fourth section of an act to regulate black and mulatto persons, passed January 5th, 1804, and so much of the second section of the act to prevent kidnapping, passed February 15, 1831, as is inconsistent with the provisions of this act, be and the same is hereby repealed. Sec. 13. That a trial and judgment under the act of con gress, entitled an act respecting fugitives from justice and ings under this persons escaping from the service of their masters, approved act. February 12, 1793, or a trial and judgment under the provisions of this act, shall be adjudged a final bar to any subsequent proceeding against such fugitive under the provisions of this act. Sec. 14. This act to take effect from and after the first day of May next. JAS. J. FARAN, Speaker of the House of Representatives. February 26, 1839. Speaker of the Senate. AN ACT Amendatory of an act entitled an act defining the mode of laying out and establishing township roads, passed March 11, 1831, also of an act entitled an act for opening and regulating roads and highways, passed March 14, 1831. Notice of inten. trustees or com. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases in which by the provisions of the act entition to petition tled an act defining the mode of laying out and establishing town-shall be given to ship roads, passed March 11, 1831, and also of the act entitled missioners. an act for opening and regulating roads and highways, passed March 14, 1831, it is declared that notice shall be given of the intention to present a petition to the trustees of any township, or to the commissioners of any county, said trustees or commissioners shall not hereafter proceed in any case to examine the merits of any such petition, unless, in addition to the public advertisement required by the provision of the aforesaid acts respectively, a notice of the intention to present any such petition, stating the time when such petition is to be presented, and the substance thereof, shall have been published for four consecutive weeks, before the presentation of any such petition, in some newspaper published in the county in which may be situated the road sought to be affected by such petition; or in case no newspaper be published in said county, such notice shall be posted up for four weeks in the office of the auditor of said county. JAS. J. FARAN, Speaker of the House of Representatives. February 26, 1839. |