D6788_Page_2

and the facts alleged and necessary to be es-
tablished must be proved by at least two
credible witnesses, and no ex parte deposition
or affidavit shall be received as proof in be-
half of the claimant. Any person who shall
remove, or assist to remove, or shall come
into the commonwealth with the intention
of removing, or assisting to remove, or shall
procure or assist in procuring to be so re-
moved, any person who is not held to service
or labor by the party making the claim, or
with the intent to subject him to such
service or labor, shall be punished by a
fine of not less than one thousand nor more
than five thousand dollars, and by imprison-
ment in the State Prison not less than one,
not more than five years. No person while
holding any office of honor, trust or emolu-
ment, under the laws of this Commonwealth,
shall in any capacity, issue any warrant, or
process, or grant any certificate, under, or
by virtue of the act of 1793 and 1850, known
as the "Fugitive Slave Act," or shall in any
capacity serve any such warrant or other
process. Any person who shall grant any
certificate under or by virtue of the acts of
Congress aforesaid, shall be deemed to have
resigned any commission from the Common-
wealth that he may possess, his office shall
be deemed vacant, and he shall be forever
thereafter ineligible to any office of trust,
honor, or emolument, under the laws of this
Commonwealth. Any person who shall act
as counsel or attorney for any claimant of
any alleged fugitive from service or labor
shall be deemed to have resigned any com-
mission from the Commonwealth, and he
shall be thereafter incapacitated from ap-
pearing as counsel, or attorney, in the courts
of this Commonwealth. Any sheriff, deputy
sheriff, jailor, coroner, constable, or other
officer of this Commonwealth, or the police
of any city, or town, or any district, county,
city, or town officer, or any officer, or mem-
ber of the volunteer militia, who shall here-
after arrest, imprison, detain or return, or
aid in arresting, detaining or returning any
person for the reason that he is claimed or
adjudged to be a fugitive from service or
labor, shall be punishable by a fine of not
less than one thousand, and not more than
two thousand dollars, and imprisonment in
the State prison not less than one, nor more
than two years. No jail, prison, or other
place of confinement, belonging to, or used
by, either the Commonwealth of Massachu-
setts, or any county therein, shall be used
for the detention, or imprisonment, of nay
person accused or convicted of any offence
created by either of the above acts of Con-
gress, or accused or convicted of obstruct-
ing or resisting any process, warrant, or
order issued under either, of said acts, or of
rescuing, or attempting to rescue, any per-
son arrested or detained under any of the
provisions of either of said acts, nor for
the imprisonment of any person arrested
on mesne process, or on execution of any
suit for damages or penalties, accruing or
being claimed to accrue, in consequence of
any aid rendered to any escaping fugitive
from service or labor. Nothing in the act
to be construed to apply to so much of the
act of 1793 as relates to fugitives from jus-
tice. The act to take effect from and after
its passage.