SEC. 3. _And be it further enacted_, That the circuit courts of the
United States, and the superior courts of each organized territory
of the United States, shall from time to time enlarge the number of
commissioners, with a view to afford reasonable facilities to
reclaim fugitives from labor, and to the prompt discharge of the
duties imposed by this act.
SEC. 4. _And be it further enacted_, That the commissioners above
named shall have concurrent jurisdiction with the judges of the
circuit and district courts of the United States, in their
respective circuits and districts within the several States, and
the judges of the superior courts of the Territories, severally and
collectively, in term time and vacation; and shall grant
certificates to such claimants, upon satisfactory proof being made,
with authority to take and remove such fugitives from service or
labor, under the restrictions herein contained, to the State or
territory from which such persons may have escaped or fled.
SEC. 5. _And be it further enacted_, That it shall be the duty of
all marshals and deputy marshals to obey and execute all warrants
and precepts issued under the provisions of this act, when to them
directed; and should any marshal or deputy marshal refuse to
receive such warrant or other process, when tendered, or to use all
proper means diligently to execute the same, he shall, on
conviction thereof, be fined in the sum of one thousand dollars to
the use of such claimant, on the motion of such claimant, by the
circuit or district court for the district of such marshal; and
after arrest of such fugitive by such marshal or his deputy, or
whilst at any time in his custody, under the provisions of this
act, should such fugitive escape, whether with or without the
assent of such marshal or his deputy, such marshal shall be liable,
on his official bond, to be prosecuted, for the benefit of such
claimant for the full value of the service or labor of said
fugitive in the State, Territory, or district whence he escaped;
and the better to enable the said commissioners, when thus
appointed, to execute their duties faithfully and efficiently, in
conformity with the requirements of the constitution of the United
States and of this art, they are hereby authorized and empowered,
within their counties respectively, to appoint in writing under
their hands, any one or more suitable persons, from time to time,
to execute all such warrants and other process as may be issued by
them in the lawful performance of their respective duties; with an
authority to such commissioners, or the persons to be appointed by
them, to execute process as aforesaid, to summon and call to their
aid the bystanders, or _posse comitatus_ of the proper county,
when necessary to insure a faithful observance of the clause of the
constitution referred to, in conformity with the provisions of this
act: and all good citizens are hereby commanded to aid and assist
in the prompt and efficient execution of this law, whenever their
services may be required, as aforesaid, for that person; and said
warrants shall run and be executed by said officers anywhere in the
State within which they are issued.
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