very twenty-four hours keeping him or her in jail, feventeen cents, and no and releasing them. more; and if he, or any sheriff, ferjeant, or jailor, shall demand or take any other or greater fee than is, or shall be allowed by law for runaways, he or they fo offending, shall for every fuch offence, forfeit and pay four dollars to the party grieved, and shall also refund and pay back all money received over and above the legal fees; recoverable with coils, before any justice of the peace of the county or corporation where fuch offence shall be committed. a VIII. ALL and every act and acts, or parts of acts, within the purview of Repealin claude. this act, shall be, and are hereby repealed. Proriaed, that all rights and re- Provifo. medies, given by every fuch act or acts, and all such parts of acts, shall be, and remain as if this act had not been made. IX. THIS act shall commence in force, from and after the paffing Commencement of this thereof. act. I. CHAP. CXXXII. An Act reducing into one, the feveral Acts concerning Servants. BE Paffed the 26th of December, 179.] cifical perform their contra&s. E it enacted by the General Affembly, That all white perfons, not being What fervants fhall specitizens of of the confederated tates of America, who shail come any into this commonwealth under contract, to ferve another in any trade or occupation, shall be compellable to perform fuch contract, fpecifically during the term thereof, or during fo much of the fame as shall not exceed feven years. Infants under the age of fourteen years brought in under the like contract, catered into with the confent of their father or guardia, shall ferve till their age of twenty-one years only, or for fuch shorter term as the laid contract shall have fixed. b II. THE faid fervants shall be provided by their trader with wholefome Mafter's duty to ferand fufficient food, cloathing and lodging; and at the end of their fervice, it vants. Incy shall not have contracted for any reward, other than tranfportation, food, cloathing, and lodging, shall receive from him, one new and compete fait of cloathing, fuited to the feafon of the year; to wit, a coat, waifcoat, pair of breeches and shoes, two pair of stockings, two shirts, a hat and blanket. 6 II. THE benefit of the faid contract of fervice, shall be aflignable by the Contracts for fervice, mater to any perfon to whom the fervant shall in the prefence of a justice of the how allignable. Peace, freely confent that it shall be aligned, the fad juftice attefting such free olent in writing, and shall aito pais to the executors, adminiftrators, and legatees of the maiter, b IV. ANY fuch fervant, being lazy, diforderly, guilty of mifbehaviour to his mafter, or in his matter's family, shall be corrected by tripes, on order from juftice of the county, city, or corporation wherein he refides; or refufing to work, shall be compelled thereto in like manner, and moreover shall ferve two Bays for every one he shall have to refuted to serve, or shall otherwite nave loft, without fufficient juftification. All neceflary expenfes incurred by any matter For apprehending and bringing home any abfconding servant, shall be repaid by Further fervice, after fuch rates as the court of the county, city, or corporation, hall direct; unleis fuch fervant shall give fecurity, to be approved of by the Court, for repayment in money, within fix months after he shall be free from terice, and shail accordingly pay the time. b How lazy and diforderly fervants may be pu nished. further fervice, for time lost, and for expentes of bringing them hone when abfconding. Shall compenfate by V. IF any maiter shall fail in the duties prekribed by this act, or shall be County courts to hear uilty of injurious demeanor towards his fervant, it shall be'r dreff'd on motion, fervants' complaints. y the court of the county, city, or corporation, wherein the fervant refides, by mediate ditcharge from fervice, if the injury were grals, or by a specific order or a change in his demeanor, and a dichage from fervice, if lich Order be dif beved. b VI. ALL contracts between mafter and fervant during the time of fervice, hall be void. b VII. THE court of every county, city, or borough, shall at all times receive (a) 1753, cb. 2, fec. 24. 1772, ch. 2, fec. 3. (6) 1795, ch. 83, fic. 1, 2, 3, i. 6. Contracts between maí ters and firvant:, during fervice, void. Proceedings on complaints of Persants againft matters, and of malters against fervants. 1792. Servants fhall have the 248 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. allowance of food, raiment, or lodging, and may hear and determine fuch cafes in a fummary way, making such orders thereupon, as in their judgment will relieve the party injured in future; and may also in the fame manner hear and determine complaints of mafters or mitreffes against their fervants, for defertion, without good caufe, and may oblige the latter, for lofs thereby occafioned, to make retribution, by further fervices, after expiration of the times for which they had been bound. a VIII. IF any fervant shall, at any time, bring in goods or money, or during property of their effects the time of their fervice, shall, by gift or any other lawful means, acquire goods or money, they shall have the property and benefit thereof to their own ufe. And if any fervant shall be fick or lame, and fo become useless or chargeable, his or her matter or owner shall maintain fuch fervant until his or her whole time of fervice shall be expired. And if any mafter or owner shall put away a lame or fick fervant, under pretence of freedom, and fuch fervant becomes chargeable to the county, fuch mafter or owner shall forfeit and pay thirty dollars to the overfeers of the poor of the diftrict, wherein fuch offence shall b: committed; recoverable with cofts, by action of debt, in any county or corporation court of this commonwealth; and moreover shall be liable to the action of the faid overfeers of the poor at the common law, for damages. b Sick or lame fervants may not be discharged. Who may not have white leivants. Penalty for dealing with fervants without leave. for breach of penal laws. Servants when free shall IX. NO negro, mulatto, or Indian, shall at any time purchase any fervant, other than of their own complexion; and if any of the perfons aforefaid, shall, nevertheles, prefume to purchafe a white fervant, fuch fervant shall immediately become free, and be fo held, deemed, and taken. b X. NO perfon whatfoever, fhill buy, fell, or receive of, to, or from any fervant, any coin or commodity whatfoever, without the leave or confent of the mafter or owner of fuch fervant; and if any person shall prefume to deal with any fervant, without fuch leave or confent, he or the fo offending, fhall forfeit and pay to the mafter or owner of fuch fervant, four times the value of the thing fo bought, fold, or received; to be recovered with cofts, by action upon the cafe, in any county or corporation court of this commonwealth; and fhall alfo forfeit and pay the further fum of twenty dollars, to any person who will fue for the fame; to be recovered with cofts, by fummons and petition, or receive on his or her bare back, thirty-nine lafhes, well laid on, at the public whipping-poft, but fhall nevertheless be liable to pay the cofts of fuch petition and fummons. b XI. IN all cafes of penal laws, where free perfons are punishable by fine, Punishment of fervants* fervants fhall be punished by whipping, after the rate of twenty lathes for every eight dollars, fo that no fervant fhall receive more than forty lashes at any one time, unlefs fuch offender can procure fome perfon to pay the fine. b XII. EVERY fervant upon expiration of his or her time, and proof thereof have certificates thereof. made before the court of the county where he or she laft ferved, fhall have his or her free com recorded, and a certificate thereof under the land of the clerk, which shall be fufficient to indemnify any perfon for entertaining or hiring fuch fervant; and if fuch certificate fhall happen to be torn or loft, the clerk, upon request, fhall iffue another, reciting therein the lofs of the former. And if any perfon fhall harbour or entertain a fervant, not having and producing fuch certificate, he or she shall pay to the matter or owner of fuch fervant, one dollar for every natural day he or the fhall fo harbour or entertain fuch runaway; recoverable with colts, by action of debt, in any county or corporation court of this commonwealth. And if any runaway fhall make ufe of a forged certificate, or Punishment of fervants after delivery of a true certificate to the perfon hiring him or her, fhall flea! efing torged or flown the fame, and thereby procure other entertainment, the perfon entertaining or hiring, fhall not be liable to the faid penalty, but fuch runaway, befides making reparation for lofs of time and charges of recovery, shall ftand two hours in the pillory, on a court day, for making ufe of fuch forged or fiolen certificate: And of the perfons for and the perfon forging the fame, thall forfeit and pay thirty dollars; one moie Penalty for harbouring fervants without fuch certificate. certificates. ty to the commonwealth, and the other moiety to the owner of fuch runaway, or the informer, recoverable with cofts, in any county or corporation court of this commonwealth; and on failure of prefent payment or fecurity for the fame within fix months, fuch offender fhall receive thirty-nine lashes on his or her bare back, well laid on, at the common whipping-poft. And where a runaway fhall happen to be hired upon a forged certificate, and afterwards denies. he delivery thereof, the onus probandi fhall lie upon the party hiring fuch away, b t (a) 1786, ch. 86, fec. 2. (b) 1755, ch. 2, fec. 7, 9, 10, 16, 17. XIII. ALL acts and parts of acts, coming within the purview of this act, fhall Repealing claufe, be, and are hereby repealed. Provided always, that nothing in this act fhall Provifo. be conftrued to affect any rights, remedies, fines, forfeitures, penalties or amercements which have accrued, been vefted, or incurred prior to the com mencement of this act. XIV. THIS act fhall commence in force, from and after the paffing Commencement of this thereof. act. CHAP. CXXXIII. An Act reducing into one, the feveral Acts for punishing Perfons guilty of certain I. BE Thefts and Forgeries. ↑ [Paffed the 19th of December, 1792.] E it enacted by the General Affembly, That if any perfon fhall counter- Felony without benefit feit, aid, or abet in counterfeiting any coin made current in this com- of clergy to counterfeit monwealth, or fhall make, or affift, aid, or abet in making baie coin, or thall current coin, or to make pafs any fuch counterfeit or bafe coin in payment, knowing the tame to be coun- or pafs bafe coin. terfeit or bafe, every fuch perfon fhall on legal conviction, fuffer death without benefit of clergy. a II. IF any perfon fhall falfely make, forge, or counterfeit, or caufe, or procure to be falfely made, forged, or counterfeited, or willingly act, or affilt in the falfe making, forging, or counterfeiting any deed, will, teflament, bond, writing obligatory, bill of exchange, proniiffory note for the payment of money, or any acquittance or receipt, either for money or goods, with intention to defraud any perfon whatfoever, or fhall utter, or publish as true, any falfe, forged, or counterfeited deed, will, teftament, bond, writing obligatory, bill of exchange, promiffory note for the payment of money, endorfement, or affignment of any bill of exchange, or promiffory note for the payment of money, acquittance or receipt, either for money or goods, with intention to defraud any perfon, knowing the fame to be falfe, forged, or counterfeited, then every fuch perfon, being thereof lawfully convicted, thall be deemed guilty of felony, and fuffer death as a felon, without benefit of clergy. b III. If any perfon within this commonwealth, fhall forge or counterfeit, alter or erafe, any certificate or warrant, iffued, or to be iffued by any perfon or perfons authorised for that purpose, either by the Congress of the United States, or the legislature of this ftate, for the payment of money, or fhall be aiding or affifting therein, or fhall demand payment thereof, knowing the fame to be forged, counterfeited, altered, or erafed, or fhall transfer any fuch certificate or warrant, knowing the fame to be forged or counterfeited, altered, or erased; or fhall forge or counterfeit, alter or crafe, any certificate whatever, for the purpofe of obtaining a fettlement of money from any perfon or perfons authorised for that purpofe, either by the Congrefs of the United States, or the legislature of this ftate, or fhall be aiding or affifting therein, or fhall require fettlement thereon, or transfer the fame, knowing it to be forged, counterfeited, altered or erafed, he, or the fo offending, and thereof legally convicted, fhall fuffer death without benefit of clergy. c IV. IF any perion whatsoever fhall forge or counterfeit, alter or erafe the ftamp or receipt of any infpector of flour or hemp, or tender in payment any uch forged or counterfeited, altered or erafed receipt, knowing it to be fuch, and fhall thereof be convicted, he or they shall be adjudged a felon, and fuffer death as in the cafe of felony, without benefit of clergy. d V. HE or the fhall be adjudged a felon, and not have the benefit of clergy, who fhall forge or counterfeit, alter or erafe the ftamp or receipt of any infpecor or infpectors of tobacco, or thall caufe or procure fuch ftamp or receipt to be forged or counterfeited, altered or erafed, or fhall aid or affift in forging or counterfeiting, altering or erafing, fuch ftamp or receipt, or fhall pafs or tender, r fhall caufe or procure to be paffed or tendered, any fuch ftamp or receipt in Payment or exchange, knowing the fame to have been forged, or counterfeited, ltered or erafed, or fhall have in his or her custody, or poffeffion, any infpecor's ftamp or receipt, which hath been altered or erafed, knowing the fame to Lave been altered or erafed, and shall not difcover fuch altered or erased stamp r receipt to two judices of the peace, within five days after they or either of t Amended, post, ch. 171. (a) May 1776, ch. 10. (b) 1789, ch. 19. 2) Q. '84, ch. 69. (4) May '82, ch. 52, fec. 6. I i To forge any deed, will, bond, note, receipt, &c. To forge any certificate of warrant iffued under States, or of this ftate, authority of the United To forge the ftamp or receipt of any infpec tor of flour or hemp. To forge the ftamp or receipt of any inspector of tobacco. |