Chapter XLVI: Section 8: And be it further enacted, That 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 where such services are rendered exclusively in the
arrest, custody, and delivery of the fugitive 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 at 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 fugitives from service or labor be ordered to be
delivered to such claimants by the final determination of such
commissioners or not.