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this act when to them directed, and should any mar shal 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 the person upon whom the accused is alleged to have committed the offence; and the better to enable the said Commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States, and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, 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, and the person so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders of a posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be neces sary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in conformity with the provisions of this act; and said warrants shall run and be executed by

Bald officers anywhere in the State or Territory within which they are issued.

87. That any person who shall knowingly and wrongfully obstruct, hinder or prevent any officer or other person charged with the execution of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued; or shall rescue, or attempt to rescue, such person from the custody of the officer, other person or persons, or those lawfully assisting, as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet or assist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other persons legally authorized, as aforesaid, or shall harbor or conceal any person for whom a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice of knowledge of the fact that a warrant has been issued for the apprehension of such person, shall for either of said offences be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment before the district court of the United States for the district in which said offence may have been committed, or before the proper court

of criminal jurisdiction, if committed within any one of the organized Territories of the United States.

§ 8. That the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a Commissioner he shall be entitled to a fee of ten dollars in full for his services in each case, inclusive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such Commissioners for the arrest of offenders against the provisions of this act, shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such Commissioner, as aforesaid, with such other fees as may be deemed reasonable by such Commissioner for such other additional services as may be necessarily performed by him or them— such as attending at the examination, keeping the prisoner in custody, and providing food and lodgings during his detention and until the final determination of such Commissioner, and in general for per forming such other duties as may be required in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the court of justice, within the proper district or county, as

near as practicable, and paid out of the Treasury of the United States, on the certificate of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction.

9. That whenever the 'resident of the United States shall have reason to believe that offences have been or are likely to be committed against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal and district attorney of such district to attend at such place within the district and for such time as he may designate, for the purpose of the more speedy arrest and trial of persons charged with the violation of this act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated.

10. That it shall be lawful for the President of the United States, or such persons as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act.

§ 11. That upon all questions of law arising in any cause under the provisions of this act, a final appeal may be taken to the supreme court of the United States

THE HOMESTEAD LAW.

In

By act of Congress of May 20, 1862, any person who is the head of a family, or who has arrived at the age of twenty-one years, or has performed service in the army or navy, and is a citizen of the United States, or shall have filed his declaration of intention to become such, and has never borne arms against the Government of the United States, or given aid and com fort to its enemies shall, from and after the 1st of January, 1863, be entitled to enter a quarter section (160) acres) of unappropriated public land, upon which he or she may have already filed a pre-emption claim, or which is subject to pre-emption, at $1.25 per acre; or 80 acres of unappropriated lands at $2.50 per acre. order to make his or her title good to such lands, however, such person must make affidavit that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person or persons whomsoever; and upon filing the affidavit, and paying the sum of ten dollars to the register or re ceiver, such person shall be allowed to enter the land specified, but no certificate or patent is issued for the land until five years from the date of such entry, and the land must, during that time be improved and nor alienated, (it can not be taken for debt). At any time within two years after the expiration of said five years the person making the entry, or, in case of his or her death, his widow or heirs, may, on proof by witnesses that he or she has cultivated or improved said land, has not alienated any part of it, and has borne true allegiance to the United States, be entitled to a patent, if at that time a citizen of the United States. In case of the abandonment of the lands by the person making the entry, for a period of more than six months at one time, they revert to the United States.

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