Reward for taking up. May be com mitted to jail. arunaway, fhall give a certificate of fuch oath, and the distance, in his opinion, between the place where the runaway was apprehended, and that from whence he fled; and the apprehender fhall thereupon carry the runaway to the last mentioned place, or deliver him to the owner, or fome other authorized to receive him, and fhall be entitled to ten fhillings, and one fhilling for every mile of fuch diftance as he fhall neceflarily carry him, to be paid by the owner, The runaway, if the owner be not identified to the fatisfaction of the juftice before whom he is taken, or refide not in the Commonwealth, fhall be by warrant of the justice committed to the jail of his coun ty, the keeper whereof shall forthwith caufe an advertisement with a defcription of the runaway's perfon and wearing apparel, to be fet up at the door of the court houfe within his county'; If the owner claim not within two months thereafter, the fheriff fhall publish a like advertisement for To be adthree months in the Gazette of the public Printer, vertifed. and fhall hire the run away For fuch time and for May be hirfuch wages as his county court fhall approve, and ed out. out of his wages pay the reward for apprehending and the expences incurred on his account; but he fhall deliver the runaway even before the time expire, and pay the balance of the wages received, if any, to him who fhall claim, and who having proved, before the court of fome county, or a juftice of the peace of the county in which fuch run, away is confined, that he had loft fuch a one as was defcribed in the advertisement, and having there given fecurity to indemnify the theriff, fhall produce the clerk's or juftice's certificate of fuch proof made and fecurity given, proving by his own or another's oath the runaway when shewn to him,,to be the fame that was fo loft, and pay fo much, as the expences aforefaid fhall exceed the wages: The may be fold, runaway being a flave, after the end of one year from the last advertisement, fhall be fold, and the proceeds of the fale, with the balance of the wages paid into the public treafury for the ufe of the owner, proving his property at any future time, or otherwife for the ufe of the Commonwealth. the runaway die in jail the expence fhall be paid by the public. If How the owner nay recover him Runaway and when Reward for 2. Upon any owner's neglecting or refufing taking up, to pay the above reward, the taker up may fue how recov for, and recover the fame, with costs, either by war erable. rant before a fingle juftice, where the reward fhall not exceed five pounds, or where the rewardihall Fees to the jailor. exceed that fum by action in any court of record within this commonwealth. §3. The keeper of any jail may demand and take for the commitment of any runaway, two fhil. lings, current money or twenty pounds of tobacc, and the fame for releasement, and for every twenty-four hours keeping him, or her, in jail, one Penalty for filling and no more, and if he or any theriff or jaitaking grea lor thall demand, any other or greater fee, than is ter fees, and or thall be allowed by law for runaways, he or they fo offending, fhall for every fach offence, forfeit and pay twenty fhillings to the party grieved, and fall alto refund and pay back all money and tobaccore, ceived, over and above the legal tees, recoverable with cots, before any juftice of the peace, of the county where fuch offence fhall be committed. how recov erable. What fervants fhall perform their contrafts. CHAP. III. An A& reducing into one, the feveral acts concerns fpecifically this Commonwealth, under contract to ferve another, in any trade or occupation, thall be compelled to perform' fuch contract, fpecifically, during the term thereof, or during fo much of the fame as fhall not exceed feven years; infants under the age of fourteen years, brought in under the like contract entered into with the confent of their father or guardian, hall serve till the age of twenty one years only, or for fuch fhorter term as the faid contra& fhall have fixed. Mafters du ants. 2. The faid fervants fhall be provided by their ty to ferv master with whole fome and fufficient food, clothing and lodging, and at the end of their fervice, if they fhall not have contracted for any reward other than transportation, food, cloathing and lodging, fhall receive from him one new and complete fuit of cloathing fuited to the feafon, of the year (to wit) a coat, iftcoat pair of breeches and fhoes, two pair of stockings, two thirts a hat and blanket. Contracts ble. 3. The benefit of the faid contract of fervice for fervice, fhall be affignable by the mafter, to any perfon to how afligna- whom the fervant fhall, in the prefence of a juftice of the peace, freely confent that it thall be affign. ed; the said juftice attefting fuch free confent in writing, and thall alfo pafs to the executors, admi niftrators and legatees of the master, How lazy 4. Any fuch fervant being lazy, diforderly, & diforderguilty of misbehavior to his master, or in his ma- ly fervants fters family, fhall be corrected by stripes, or order may be punfrom a justice of the county wherein he refides, or ifhed. refufing to work, fhall be compelled thereto, in like manner, and moreover fhall ferve two days for every one he thall have refufed to ferve, or fhall otherwife have loft without fufficient juftification. All neceflary expences incurred by any mafter, for apprehending and bringing home any abiconded fervant, thall be repaid by further fervice after fuch rates as the court of the county fhall direct, unless fuch fervant thall give fecurity to be approv ed by the faid court, for repayment in money within fix months after he shall be free from fervice, and fhall accordingly pay the fame. to 5. If any mafter fhall fail in the duties pre fcribed by this act, or fhall be guilty of injurious demeanor towards his fervant, it shall be redrellCounty ed on motion by the court of the county wherein courts the fervant refides, by immediate discharge from hear fervfe vice if the injury were grofs, or by a specific ants order for a change in his demeanor, and a dif. plaints. charge from fervice if fuch order be difobeyed. com Contracts 6 All contracts between masters and fervants between during the time of fervice fhall be void. maiter and void. Sick & lame fervants not to be dif 7. If any fervant fhall at any time, bring in fervants goods or money, or during the time of their fer- Servants vice, fhall by gift, or any other lawful means, to be fecu acquire goods or money, they fhall have the pro red in their perty and benefit thereof, to their own ufe; and property. if any fervant fhall be fick, or lame, and fo be. come ufelefs or chargeable to the county, fuch mafter or owner fhall maintain fuch fervant until his or her whole time of fervice fhall be expired; charged. and if any matter or owner fhall put away, a lame or fick fervant under pretence of freedom, and fuch fervant becomes chargeable to the county, fach mafter or owner fall forfeit and pay ten pounds current money, to be recovered by action of debt or information by any perfon who will fue for the fame, and applied towards leffening the county levy. 8. No negro, mulatto or indian fhall at any time purchase any fervant, other than of their own complexion; and if any of the perfons aforefaid fhall nevertheless prefume to purchafe a white fervant, fuch fervant fall immediately become free, and be fo held, deemed and taken. not Who may have white ferv ants. 10. In all cafes of penal laws where free perfons Punishment are punishable by fine, fervants shall be pu of fervants ished by whipping, after the rate of twenty for breaches lathes for every fifty fhillings current money, fo of the penal that no fervant fhall receive more than forty lafhlaws. es at any one time, unlefs fuch offender can procure fome perfon to pay the fine. § 11. Every fervant after the expiration of his Servants or her time, and proof thereof made before the when free court of the county, where he or fhe last ferved, fhall have hall have his or her freedom recorded, and a cer certificates tificate thereof under the hand of the clerk which thereof. fhall be fufficient to indemnify any perfon for entertaining or hireing fuch fervant, and if fuch certificate fhall happen to be torn or loft, the clerk fhall upon request, illue another, reciting thereon, the lofs of the former; and if any perfon Penalty for fhall harbour or entertain a fervant, not hav harboring ing and producing fuch certificate, he or the fervants fhall pay to the mafter or owner of fuch fervant, without fuch one dollar for every natural day he or she thall certificates. fo harbour or entertain fuch runaway, recover. able with cofts, by action of debt in any court of record; and if any runaway fhall make ofe of any forged certificate, or after delivery of a true certificate to the perfon hireing him or her, fhall Penalty for steal the fame, and thereby procure other enteruling forged tainment, the perfon entertaining or hireing, fhall certificates. not be liable to the faid penalty, but fuch runa or stolen way, befides making reparation for lofs of time, and charges of recovery, hall fland two hours in the pillory on a court day for making ufe of fuch forged or stolen certificate, and the perfon forging the fame fhall forfeit and pay ten pounds cur. rent money, one moiety to the commonwealth and the other moiety to the owner of fuch runaway, or the informer, recoverable with cofts in any court of record, 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 after. wards denies the delivery thereof, the onus probandi fhall be upon the party hireing fuch runaway. CHAP. IV. An A& to amend the PENAL LAWs of this Commonă wealth. WHEREAS, it frequently happens that wicked and diffolute men, refiguing themfelves to Preamb the dominion of inbrdinate pattions, commit violations on the lives, liberties and property of others; and the fective enjoyment of thete having principally induced men to enter into fociety; government would be defective in its principal purpofe, were it not to restrain fuch criminal acts, by inflicting doe punishment on thofe who perpetiate them; but it appears at the fame time equally deducible,, from the purposes of fociety, that a member thereof committing an inferior injury, does not wholly forfeit the protection of his fellow citizens, bot af ter fuffering punishment in proportion to his cffence; .is entitled to protection from all greater loffering: To that it becomes a duty in the legiflature, to arrange in a proper fcale the crimes which it may be necellary for them to reprefs, and to adjut thereto a correfponding gradation of punishments.- And whereasthe reformation of offenders, an object highly melting the attention of the laws, is not effected at all by capital punishments, which exterminate instead of reforming, and fhould be the laft melancholy refource against thofe whofe exiflence is be. come inconfiftent with the fafety of their fellow citizens; which alfo weaken the fate by curting off fo many, who, if reformed, might be restored found members to fociety, who, even under a courfe of labor might be rendered feful to the communis ty, and who would be living and long continged examples, to deter others from commitung the like offences. And forafancit as experience in all ages. and countries heth fhewn that cruel and fanguinary laws defeat their own purpose, by engaging the benevolence of mankind to withold profecutions, tổ fmother teftimony, or to liften to it with bias; and, by producing in many indiances a total difpenfa tion and impunity, under the names of pardon and benent of clergy; when ifthe pitment were only proportioned to the injury, men would feel it their inclination, as well as their duty to fee the laws ferved; for rendering crimes and punishments therefore more proportionate to each other, Murder of f. Be it enaere, That no crime whatfoever the fast deCommitted by any free perfon against this common- gree only, punished wealth (except murder of the first degree) fall with death. be punished with death, within the fame. B |