Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/686

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CONSTITUTION OF THE U. STATES.
[BOOK III.
ing only prima facie proofs of ownership, without putting the party to a formal assertion of his rights by a suit at the common law. Congress appear to have acted upon this opinion; and, accordingly, in the statute upon this subject have authorized summary proceedings before a magistrate, upon which he may grant a warrant for a removal.[1]
  1. Act of 12 Feb. 1793, ch. 51, (ch. 7); Serg. on Const. ch. 31, p. 387, (2d edit. ch. 33, p. 397, 398); Glen v. Hodges, 9 John. R. 62; Wright v. Deacon, 5 Serg. & R. 62; Commonwealth v. Griffin, 2 Pick. R. 11.