"Sec. 2. _And be it further enacted_, That when a person held to service or labor, as mentioned in the first section of this act, shall escape from such service or labor, therein mentioned, the person to whom such service or labor may be due, his or her agent or attorney, may apply to any one of the officers of the United States named in said section, other than a marshal of the United States, for a warrant to seize and arrest such fugitive; and upon affidavit being made before such officer (each of whom, for the purposes of this act, is hereby authorized to administer an oath or affirmation), by such claimant, his or her agent, that such person does, under the laws of the State or territory from which he or she fled, owe service or labor to such claimant, it shall be and is hereby made the duty of such officer, to and before whom such application and affidavits are made to issue his warrant to any marshal of any of the courts of the United States, to seize and arrest such alleged fugitive, and to bring him or her forthwith, or on a day to be named in such warrant, before the officer issuing such warrant, or either of the other officers mentioned in said first section, except the marshal to whom the said warrant is directed, which said warrant or authority, the said marshal is hereby authorized and directed in all things to obey. "Sec. 3. _And be it further enacted_, That upon affidavit made as aforesaid, 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 the State whence he fled, and there to deliver him to said claimant, his agent or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service, so long as circumstances may require. The said officer and his assistants, while so employed, to receive the same compensation, and to be allowed the same expenses as are now allowed by law, for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States: _Provided_, That before such charges are incurred, the claimant, his agent, or attorney, shall secure to said officer payment of the same, and in case no actual force be opposed, then they shall be paid by such claimant, his agent or attorney.