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Delany, Martin Robison, 1812-1885

"The Condition, Elevation, Emigration, and Destiny of the Colored People of the United States"

Whereupon the court shall cause a record to be
made of the matters so proved, and also a general description of
the person so escaping, with such convenient certainty as may be;
and a transcript of such record authenticated by the attestation of
the clerk, and of the seal of the said court, being produced in any
other State, Territory, or District in which the person so escaping
may be found, and being exhibited to any judge, commissioner, or
other officer, authorized by the law of the United States to cause
persons escaping from service or labor to be delivered up, shall be
held and taken to be full and conclusive evidence of the fact of
escape, and that the service or labor of the person escaping is due
to the party in such record mentioned. And upon the production by
the said party of other and further evidence, if necessary, either
oral or by affidavit, in addition to what is contained in the said
record of the identity of the person escaping, he or she shall be
delivered up to the claimant. And the said court, commissioner,
judge or other person authorized by this act to grant certificates
to claimants of fugitives, shall, upon the production of the record
and other evidences aforesaid, grant to such claimant a certificate
of his right to take any such person identified and proved to be
owing service or labor as aforesaid, which certificate shall
authorize such claimant to seize or arrest and transport such
person to the State or Territory from which he escaped: _Provided_,
That nothing herein contained shall be construed as requiring the
production of a transcript of such record as evidence as aforesaid;
but in its absence, the claim shall be heard and determined upon
other satisfactory proofs competent in law.


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