ive to the
claimant, his or her agent or attorney, or where such supposed fugitive
may be discharged out of custody for the want of sufficient proof as
aforesaid, then such fees are to be paid in the whole by such claimant,
his agent or attorney; 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, upon the delivery of the said certificate to
the claimant, his or her agent or attorney; or a fee of five dollars in
cases where the proof shall not, in the opinion of such commissioner,
warrant such certificate and delivery, inclusive of all services
incident to such arrest and examination, to be paid in either case by
the claimant, his or her agent or attorney. The person or persons
authorized to execute the process to be issued by such commissioners for
the arrest and detention of fugitives from service or labor as
aforesaid, shall also be entitled to a fee of five dollars each for each
person he or they may arrest and take before any such commissioner as
aforesaid at the instance and request of such claimant, 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 to the examination, keeping the fugitive in custody, and
providing him with food and lodging during his detention, and until the
final determination of such commissioner: and in general for performing
such other duties as may be required by such claimant, his or her
attorney or agent, or commissioner in the premises; such fees to be made
up in conformity with the fees usually charged by the officers of the
courts of justice within the proper district or county, as near as may
be practicable, and paid by such claimants, their agents or attorneys,
whether such supposed fugitive from service or labor be ordered to be
delivered to such claimants by the final determination of such
commissioners or not.

SEC. 9. _And be it further enacted_, That upon affidavit made by the
claimant of such fugitive, his agent or attorney, after such certificate
has been issued, that he has reason to apprehend that such fugitive will
be rescued by force from his or their possession before he can be taken
beyond the limits of the State in which the arrest is made, it shall be
the duty of the officer making the arrest to retain such fugitive in his
custody, and to remove him to th