tainly exercised as extensive powers as any of their predecessors. It was not until the year 1654, that an act of parliament passed, for limiting the jurisdiction of the high court of chancery, and regulating its proceedings (see Scobell's acis, part 2, p. 324.) But this act is perfectly silent as to the general jurisdiction of the court, leaving it as it stood before; and merely regulates the practice, and restrains the exercise of jurisdiction in particular cases; such as, that no relief should be given against a bond for the payment of money; (sect. 43.) that no trust or agreement concerning lands should be relieved, unless it be contained in writing, or possession had gone with the party claiming the trust; (sect. 44.) that no relief should be given upon averment of any intention in a deed, unless it appear by the deed itself; (sect. 45.) that chancery should relieve in no case, where the party could have relief at law; (sect. 46.) that no decree should be made against an act of parliament; (sect. 47.) that legacies should be sued for at common law, and not in chancery; (sect. 48.) that no relief should be given on a mortgage after three years forfeiture, unless on a new agreement, or in cases of infancy, &c. (sect. 49.) that after possession of the mortgagee, by recovery at law, he should not be put to account for the profits, unless by special agreement in writing, &c. (sect. 50.) These clauses, together with all the others in the same act, are merely restrictive of the general powers of the court; but not a word is said about alimony; and the chancellor, keeper, or commissioners of the great seal, for the time being, were directed to enforce the due execution of the act (see sect. 67. p. 332.) Even if this act had extended to cases of alimony, still it must be recollected that the case of Ashton v. Ashton was decided in 1650, four years before the act passed, and consequently under the general jurisdiction of the court.

ALLEGIANCE.

1. ALLEGIANCE is the tie or ligamen which binds the subject or citizen to the state, in return for the protection offered (1 Bl. Com. 366.) And it is either natural or local: the former is said by most of the English jurists to be perpetual; is duc from every inan born within the dominions of the sovereign immediately on his birth; and cannot be forfeited, cancelled, or altered, by any change of time, place or circumstance; not even a residence abroad and swearing allegiance to another government (Ibid. 369.) But this position has been ably and satisfactorily combated by others (see Locke on civil government, sect. 115, &c. S dney on government, vol. 2. c. 3. s. 36. Tucker's Black. vol. i. part 2, note k.) Local allegiance is due from an alien or stranger, so long as he continues and receives the protection of the government, but ceases the instant that he leaves it. 1 Bl. Com. 370.

2. By the ancient law, every man of the age of twelve years, or upwards, ought to take the oath of allegiance (1 Comy. Dig. "ALLEGI ANCE," B. 1.) But women were not compellable to take it. See 7'. L. tit. "WAIVE."

3. And by the laws of Virginia, no person shall act in any office, legislative, executive, or judiciary, before he shall have given assurance of fidelity to the commonwealth, and have taken the oath adapted to his office (1 Rev. Code, p. 55. s. 2.) The oaths to be taken by a member or officer of either house of the general assembly may be administered by any member of the privy council, and certified to the clerk of such house; and those to be taken by any other person, if not otherwise directed, to be administered in some court of record, or some judge or justice thereof. Ibid. sect. 6.

NOTE.... How a citizen of Virginia may expatriate himself, see tit. "ALIENS."

AMENDMENT.

UNDER this head it is proposed to consider the doctrine of amendments in criminal prosecutions and penal actions, only.

It had long been settled, that none of the statutes of amendments extended to criminal prosecutions, or actions and informations on penal statutes; and that no amendment could be admitted in such cases, but what was allowed in civil actions at the common law (Haw. B. 2. c. 25. $97. 1 Comy. Dig. " AMENDMENT" [2. C. 1.] [2. C. 2.] 4 Burr. 2527.) And what amendments were allowed at the common law may be seen in 1 Comy. Dig. by Rose, tit. " AMENDMENT," (A) (B) Doug. 114. 2 Term Rep. 707. 4 Term Rep. 457. To remedy the inconvenience arising from mere formal exceptions to indictments and informations, it was enacted (at the session of 1803) " that after the verdict of twelve men, no judgment on any indictment or information, for felony, or any other offence whatsoever, shall be stayed or reversed, for any supposed defect or imperfection in any such indictment or information, so as the felony or offence therein charged to have been committed or done be plainly and in substance set forth, with convenient certainty, so as to enable the court to give judgment thereupon, according to the very right of the cause, any former law, custom or usage, to the contrary notwithstanding." 2 Rev. Code, 38.

It is the constant practice for the grand jury, who find a bill, to amend it, by their own consent, in a matter of form. Haw. B. 2. c. 25. s. 98.

APPEALS.

1. AN appeal, in its common legal acceptation, is the removal of a cause from an inferior to a superior jurisdiction.

Appeals by the party's own private action, for a supposed criminal offence, are now seldom resorted to in England, and were never adopted in this state. See Haw. B. 2. c. 23. 5 Burr. 2643.

The practice of appeals in civil cases, as regulated by the laws of Virginia, and the adjudications of our superior courts, may be seen by a reference to the Indexes of the first and second volumes of the Revised Code, and of the several books of reports published in this

state.

2. An appeal does not lie from a judgment, on an information for a misdemeanor. 3 Call. 461.

3. Nor, from an order of a county or corporation court for binding out an apprentice, or for rescinding his indentures. 1 Hen. Munf.

413.

APPRENTICES.

APPRENTICES (from apprendre, to learn) are usually bound for a term of years, by deed indented, or indentures, to serve their masters, and be maintained and instructed by them. 1 Bl. Com. 426.

I. Who may be bound apprentices, and by whom. II. The manner in which they shall be bound. III. Reciprocal duties of master and apprentice. IV. Grievances redressed. V. Adjudged cases on the subject of apprenticeships. VI. Precedents.

I. WHO MAY BE BOUND APPRENTICES, AND BY WHOM, 1. "Every orphan, who hath no estate, or not sufficient for a maintenance out of the profits (or, where such orphans are of tender years, the personal estate may be applied, till they are of age to bind. 1 Rev. Code, 322) shall, by order of the court of the county or corporation in which he or she resides, be bound apprentice by the overseers of the poor, until the age of twenty-one years, if a boy, or of eighteen years, if a girl, to some master or mistress; who shall covenant to teach the apprentice some art, trade, or business, to be particularized in the

indenture, as also reading and writing; and if a boy, common arithmetic, including the rule of three, and to pay him or her twelve dollars, at the expiration of the time; (or, the court may direct the overseers of the poor to contract for a sum not exceeding twenty dollars. 1 Rev. Code, 322) and the indentures of such apprentices shall be filed in the office of the clerk of the county, and not transferable to any person whatsoever, without the approbation of the court (1 Rev. Code, 173.)" But it shall not be lawful for the overseers of the poor, who may hereafter bind out any black or mulatto orphan, to require the master or mistress to teach such orphan reading, writing or arithmetic." 2 Rev. Code, 85.

2. "Any guardian may, with the approbation of the court in which his appointment shall be recorded, and not otherwise, bind his ward apprentice to such person, for learning such art or trade, and with such covenants on the part of the master or mistress, as the said court shall direct; and every such apprentice, with the like approbation, or any apprentice bound by his father, may, with the approbation of the court of that county in which the father shall reside, after he shall be sixteen years of age, agree to serve until he shall be twenty-four years of age, or any shorter time, and such agreement, entered on record, shall bind him." 1 Rev. Code, 173.

3. "Every bastard child may be bound apprentice, by the overseers of the poor of the district for the time being, wherein such child shall be born; every male, until he attains twenty-one years, and every female, until she attains eighteen, and no longer; and the master or mistress shall be subject to the conditions prescribed in the case of an apprentice." Ibid. 184.

4. "The overseers of the poor, of each district, shall monthly make returns to the court of their county of the poor orphans in their district, and of such children within the same, whose parents they shall judge incapable of supporting them, and bringing them up in honest courses; and the court is authorised to direct the overseers, or either of them, to bind out such poor orphans and children apprentices, to such persons as the court shall approve of, until the age of twenty-one years, if a boy, or eighteen years, if a girl, on the terms prescribed by the above act." Ibid. 182.

II. THE MANNER IN WHICH THEY SHALL BE BOUND.

1. One cannot be bound an apprentice without deed (1 Salk. 68.] And it was once held, that he could not be discharged without deed : (Ibid.) but it has since been determined otherwise; and that the indentures may be cancelled by parol agreement. 1 Term Rep. 39. 2. By the common law, the covenant or obligation of an infant. for his apprenticeship, will not bind him, so as to give the master an action for breach of covenants contained in the indentures (Cro. Car 179.) But it is customary for the parent, or some friend, to become party to the indenture; and their covenants, on behalf of the infant, will bind them. See 8 Mod. 190. Doug. 500,

3. But a covenant between the master and a third person, the servant not being a party, makes no apprenticeship. 2 Salk. 479.

4. As the infant may be bound by indenture, so the apprenticeship may be determined by consent of all the parties concerned; which, in the case of parish poor children, includes the parish officer; in other cases, the father (or guardian) master, and infant. Burr. Settle. Ca. 562, 766. See 1 East. 59. 73.

5. But an infant bound apprentice cannot, by his own act, put an end to the contract at any time during his minority. Per. Ld. Kenyon. 6 Term. Rep. 558.

III. RECIPROCAL DUTIES OF MASTER AND
APPRENTICE.

1. A master may by law correct his apprentice for negligence or other misbehaviour, so it be done with moderation. 1 Bl. Com. 428. 2. Where an apprentice became lame, and had the king's evil, and, in the opinion of the surgeons, incurable, it was held that the master could not be discharged; for he takes his apprentice for better for worse, and is to provide for him in sickness, and in health. 1. Str.

99.

3. The master cannot compel his apprentice to go beyond sea, except he go with him, unless it be expressly so agreed, or the nature of apprenticeship import it; as, if the master be a mariner, or merchant adventurer. Brownl. 67. Hob. 134.

IV. GRIEVANCES REDRESSED.

1. "The court of every county, city, or borough, shall at all times receive the complaints of apprentices, being citizens of any one of United States of America, who reside within the jurisdiction of such court, against their masters or mistresses, alledging undeserved or immoderate correction, insufficient allowance of food, raiment, or lodging, or want of instruction, and may hear and determine such cases in a summary way, making such orders thereupon, as in their judgment will relieve the party injured in future, or removing the apprentices, and binding them to other masters or mistresses, when it shall seem necessary; and may, also, in the same manner hear and determine complaints of masters or mistresses against their apprentices, for desertion without good cause." 1. Rev. Code

174.

2. An apprentice bound to the sea-service, and deserting in any port, may be apprehended by warrant from a magistrate, and committed to prison till the vessel be ready to depart, or the master shall require his discharge. But if it shall appear that the apprentice had been cruelly or improperly treated while on board, the magistrate may discharge him. See 2 Rev. Code 78. 79.