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service as.

to the season of the year, to wit, a coat, waistcoat, pair of breeches and shoes, two pair of stochiuys, two shirts, a hat, and blanket.

Ill. The benefit of the said contract of service shall How contract be assignable by the master to any person to whom the firsch

gable. servant shall, in the presence of a justice of the peace, freely consent that it shall be assigned, the said justice attesting such free consent in writing, and shall also pass to the executors, administrators, and legatecs of the master.

IV. Any such servant being lazy, disorderly, guilty Servantshow of misbehaviour in his master, or in his master's family, punished, shall be corrected by stripes, on order from a justice of the county, city, or corporation, wherein he resides, or refusing to work, shall be compelled thereto in like manner, and moreover shall serve two days for every one be shall have so refused to serve, or shall otherwise have lost, without sufficient justification. All necessary Runaway ser. expences incurred by any master for apprehending and vants, to com.

pensate for bringing home any absconding servant shall be repaid Los by further service, after such rates as the court of the county, city, or corporation shall direci, unless such servant shall give security, to be approved of by the said court, for re-payment in money within six months after he shall be free from service, and shall accordingly pay the same.

V. If any master shall fail in the duties prescribed by Complaints of this act, or shall be guilty of injurious demeanor to-se

servants a

gainst mas. wards his servant, it shall be redressed, on motion by the ters, how re. court of the county, city, or corporation, wherein te dresseri. servant resides, by immediate discharge from service is the injury were gross, or by a specific order for a change in his demeanor and a discharge from service, if such order be disobeyed.

Contracts be. VI All contracts between master and servant during tween master

and servant the time of service shall be void.

void. VII. This act shall commence and be in force from Commenceand after the first day of January, one thousand seven ment of act. hundred and eighty-seven.

of time.

From Rev. Bills of 1779, ch. LIII.

CHAP. LXXXIV.
An act for apprehending and secu-

ring runaways.

Runaway ser. I. BE it enacted by the General Assembly, That any

aves person may apprehend a servant or slave, suspected to how appre. hended and be a runaway, and carry him before a justice of the dealt with. peace, who, if to him the servant or slave appear, by

the oath of the apprehender, to be a runaway, shall give
a certificate of such oath, and the distance, in his opin-
ion, between the place where the runaway was appre-
hended and that from whence he fled; and the appre-
hender shall thereupon carry the runaway to the last
mentioned place, or deliver him to the owner, or some
other authorized to receive him, and shall be entitled to
ten shillings, and one shilling for every mile of such
distance as bie shall necessarily carry him, to be paid
by the owner. The runaway, if the owner be not
known, or reside not in the commonwealth, shall be, by
warrant of the justice, committed to the jail of his coun-
ty, the keeper whereof shall forthwith cause an adver-
tisement, with a description of the runaway's person
and wearing apparel, to be set up at the door of the
court-house, and of every church in his county within
ten miles. If the owner claim not within two months
thereafter, the sheriff shall publish a like advertisement
in the Virginia Gazette for three months, and shall bire
the runaway out during such time, and for such wages
as his county court shall approve, having put an iron
collar, stamped with the letter F. round his neck, and
out of the wages pay the reward for apprehending, and
the expences incurred on bis account; but he shall de.
liver the runaway, even before the time expire, and pay
the balance of the wages received, if any, to him who
shall claim, and who having proved before the court of
some county, or a justice of the peace of the county in
which such runaway is confined, that he had lost such
an one as was described in the advertisement, and ha-
ving there given security to indemnify the sheriff, shall
produce the clerk's or the justice's certificate of such
proof made and security given, prove, by his own or
another’; oath, the runaway when shewn lo him, to be

the same that was so lost, and pay so much as the expences aforesaid shall exceed the wages. The runaway, being a slave, after the end of one year from the last advertisement, shall be sold, and the proceeds of the sale, with the balance of the wages, paid to the public treasurer, for the use of the owner, proving his property at any future time, or otherwise for the use of the commonwealth. If the runaway die in jail, the expences shall be defraved by the public. The runaway, if he shall have crossed the bay of Chesapeake, shall be delivered to the sheriff of some connty bounded thereby. who shall transport him to the other side, and cause him to be put into the hands of a constable, to be by constable to constable conveyed to the owner, who shall pay to the sheriff five pounds, and to the constable one shilling for every mile he sball necessarily travel in performing this duty.

II. This act shall commence and be in force from Commence. and after the first day of Jamary, one thousand seven ment of act. hundred and eighty-seven.

From Rer.

CHAP. LxXXV. An act to enable guardians and com. Bills of 1779. mittees to perform certain acts for the benefit of those who are under their care.

1. BE it enacted by the General Assembly, That What acts where any person under the age of twenty-one years, guardians & or of unsound mind is, or shall be seized or possessed committees

may perform of any land, tenements, or hereditaments, in trust or by for infants, way of mortgage, the guardian of the one, or commit- wards. lee of the other (which committee shall be appointed by the high court of chancery) by order of such court made, upon the petition of one or more of the parties interested, and after hearing them all, may execute any such deed, or perform any other soch act as the trustee,

Vou. Xu.

or mortgagee, if he were of full age, or of sane mind, respectively might have executed or performed; and such deed or other act shall be as valid, except that he shall not be bound by a warranty or other covenant contained in the deed. Also the said court may in like manner empower such guardian or committee to make, or take, a surrender of a former lease, and to take; or make, a new lease, as the case may require, and as it shall seem-most for the advantage of the infant, ideot, or lunatic, out of whose estate any fine that may be advanced and all other just ex pences that may be incurred in order to obtain a new lease to him, shall be reimbursed, and the new lease shall not only be chargeable with such fine and expences, but shall remain subject to all incumbrances which the lease surrendered

would have been subject to. Commence. II. This act shall commence and be in force from ment of act. t of act. and after the first day of January, one thousand seven

hundred and eighty-seven.

8HAP. LXXXVI.

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Anact concerning guardians, infants,

masters, and apprentices.

whom consti

Testamenta. 1. BE it enacted by the General Assembly, That any r'y guardian, father, even if he be not twenty one years old, may, by how and by

bei deed, or last will and testament, either of them being tuted, executed in presence of two creditable witnesses grant

or devise the custody and tuition of his child, which had never been married, although it be not born, during any part of the infancy of such child, to whomso ever he will; and such grant or devise heretofore or hereafter to be made, shall give the grantee or devisee the same power over the person of the child as a guardian in common socage hath, and authorize him, by action of ravishment of ward or trespass, to recover the child, with damages, for the wrongful taking or de

taining him or her, for his or her use, and for the same use to undertake the care and management and receive the profits of the ward's estate, real and personal, and prosecute and maintain any such action and sunts concerning the same, as a guardian in common socage may do. The high court of chancery generally, and the

Power of

p court of every county in chancery within the limits of courts over their jurisdiction, shall have power from time to time giardians. to controul guardians, and hear and determine all mat. fers between them and their wards; to require security of any guardian in focage, or statutory guardian, when that caution shall seem necessary, for prevention of any damage his ward may suffer, by neglect, mismanagement, or malversation; and if the security be refused or delayed, or if such guardian appear to have been guilly of a flagrant abuse of trust, to displace him, and appoint another in his stead, and to give such directions, and make such rules and orders, as they shall think fit, for the government, maintenance, and educalion of wards, and preservation of their estates, and for the conduct of guardians. Every court appointing a Bond and guardian, shall take bond of him, with suflicient surely security. for the faithful execution of his office, and if any court omit this duty, or take such surety as shall not satisfy them of his sufficiency, which may be done as well by the surety's affidavit, as otherwise, the ward, by an action on the case against the judges or justices so making default, may recover so much of the damages which the guardian and surety shall be answerable for as these shall be unable to pay. If any guardian re- Curator. fuse, or be unable to give the surety required of him, the court may put the estate into the hands of a curator, the fittest they can prevail opon, to undertake the care of it, to be accountable to them, and in that case shall not be sponsible for his ability. Every guardian, or Inventories. curator, to be appointed by any couri, shall, at the term or session next afterwards, deliver into such court, an inventory, upon oath, of all the estate which he shall have received, to be entered of record in a separate book; and such guardian, or curator, and every guardian herelofore so appointed, shall exbibit to such court, once in every year, which, if it be a county court, shall be in August, or at the next session, if there be none in that month, Guard or oftener, if he be specially required, accounts of the pro- ascounts.

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