1. § 1. All white persons, not being citizens of any of the confederated states of America, who shall come into this commonwealth under contract, to serve another in any trade or occupation, shall be compellable to perform such contract, specifically, during the term thereof, or during so much of the same as shall not exceed seven years. Infants under the age of fourteen years, brought in under the like contract, entered into with the consent of their father or guardian, shall serve till their age of twenty-one years only, or for such shorter term as the said contract shall have fixed. 1785, c. 83, 12 Stat. Larg. 190; 1792, c. 132, R. C.

2. § 2. The said servants shall be provided by their master with wholesome and sufficient food, clothing and lodging; and, at the end of their service, if they shall not have contracted for any reward, other than transportation, food, clothing and lodging, shall receive from him, one new and complete suit of clothing, suited to the season of the year, to wit: a coat, waistcoat, pair of breeches and shoes, two pair of stockings, two shirts, a hat and blanket. Oct. 1705, c. 49, 3 Stat. Larg. 448; Ibid.

3. § 3. The benefit of the said contract of service, shall be assignable by the master to any person to whom the 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 legatees of the master. Ibid.

4. § 6. All contracts between master and servant during the time of service, shall be void. Ibid.

5. § 8. If any servant shall, at any time, bring in goods or money, or, during the time of their service, shall, by gift or any other lawful means, acquire goods or money, they shall have the property and benefit thereof to their own use. Ibid.

6. § 10. No person whatsoever shall buy, sell, or receive of, to, or from any servant, any coin or commodity whatsoever, without the leave or consent of the master or owner of such servant; and, if any person shall presume to deal with any servant, without such leave or consent, he or she so offending shall forfeit and pay to the master or owner of such servant, four times the value of the thing so bought, sold or received; to be recovered with costs, by action upon the case, in any county or corporation court of this commonwealth and shall also forfeit and pay the further sum of twenty dollars, to any person who will sue for the same; to be recovered with costs, by summons and petition, or receive on his or her bare back, thirty-nine lashes, well laid on, at the public whipping-post, but shall nevertheless be liable to pay the costs of such petition and summons. Oct. 1639-March 1642-3, 1 Stat. Larg. 274; 1792, c. 132, R. C.

Act of December 26, 1792. R. C. ch. 110.

7. 4. Any such servant, being lazy, disorderly, guilty of misbehaviour to his master, or in his master's family, 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 he shall have so refused to serve, or shall otherwise have lost, without sufficient justification. All necessary expenses incurred by any master for apprehending and bringing home any absconding servant, shall be repaid by further service, after such rates as the court of the county, city or corporation shall direct; unless such servant shall give security, to be approved of by the court, for repayment in money, within six months after he shall be free from service, and shall accordingly pay the same. March 1642-3,

act 22, 1 Stat. Larg. 254; March 1657-8, act 16, Ibid. 440; March 1661-2, act 102, 2 Stat. Larg. 116; Oct. 1668, act 4, Ibid. 266; 1785, c. 83, 12 Stat. Larg. 190, and Ibid.

8. § 5. If any master shall fail in the duties prescribed by this act, or shall be guilty of injurious demeanour towards his servant, it shall be redressed on motion, by the court of the county, city or corporation wherein the servant resides, by immediate discharge from service, if the injury were gross, or by a specific order for a change in his demeanour, and a discharge from service, if such order be disobeyed. Oct. 1705, c. 49, § 8, 3 Stat. Larg. 448; Ibid. 9. § 7. The court of every county, city or borough, shall at all times receive the complaints of servants, being citizens of any one of the confederated states of America, who reside within the jurisdiction of such court, against their masters or mistresses, alleging undeserved or immoderate correction, insufficient allowance of food, raiment or lodging, 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; and may also in the same manner hear and determine complaints of masters or mistresses against their servants, for desertion, without good cause, and may oblige the latter, for loss thereby occasioned, to make retribution, by further services, after expiration of the times for which they have been bound. Ibid.

10. § 8.-If any servant shall be sick or lame, and so become useless or chargeable, his or her master or owner shall maintain such servant until his or her whole time of service shall be expired. And if any master or owner shall put away a lame or sick servant, under pretence of freedom, and such servant becomes chargeable to the county, such master or owner shall forfeit and pay thirty dollars to the overseers of the poor of the district wherein such offence shall be committed, to the use of the poor of the district, recoverable with costs, by action of debt, in any county or corporation court of this commonwealth; and moreover shall be liable to the action of the said overseers of the poor at the common law, for damages. Oct. 1705, c. 49, § 12, 3 Stat. Larg. 460; Oct. 1748, c. 14, 5 Stat. Larg. 547; 1792, c. 132, R. C.

11. § 12. Every servant, upon expiration of his or her time, and proof thereof made before the court of the county where he or she last served, shall have his or her freedom recorded, and a certificate thereof under the hand of the clerk, which shall be sufficient to indemnify any person for entertaining or hiring such servant; and if such certificate shall happen to be torn or lost, the clerk, upon request, shall issue another, reciting therein the loss of the former. And if any person shall harbour or entertain a servant, not having and producing such certificate, he or she shall pay to the master or owner of such servant, one dollar for every natural day he or she shall so harbour or entertain such runaway; recoverable with costs, by action of debt, in any county or corporation court of this commonwealth. And if any runaway shall make use of a forged certificate, or, after delivery of a true certificate to the

Act of December 26, 1792. R. C. ch. 110.

person hiring him or her, shall steal the same, and thereby procure other entertainment, the person entertaining or hiring shall not be liable to the said penalty, but such runaway, besides making reparation for loss of time, and charges of recovery, shall stand two hours in the pillory, on a court day, for making use of such forged or stolen certificate; and the person forging the same shall forfeit and pay thirty dollars; one moiety to the commonwealth, and the other moiety to the owner of such runaway, or the informer, recoverable with costs, in any county or corporation court of this commonwealth; and on failure of present payment, or security for the same within six months, such offender shall receive thirty-nine lashes on his or her bare back, well laid on, at the common whipping-post. And where a runaway shall happen to be hired upon a forged certificate, and afterwards denies the delivery thereof, the onus probandi shall lie upon the party hiring such runaway. March 1642-3, act 21, 1 Stat. Larg. 253; March 1655, act 11, Ibid. 401; Ibid.

12. § 11. In all cases of penal laws, where free persons are punishable by fine, servants shall be punished by whipping, after the rate of twenty lashes for every eight dollars, so that no servant shall receive more than forty lashes at any one time, unless such offender can procure some person to pay the fine. Oct. 1665, act 5, 2 Stat. Larg. 216; Ibid.

13. 9. No negro, mulatto or Indian, shall at any time purchase any servant, other than of their own complexion; and if any of the persons aforesaid shall, nevertheless, presume to purchase a white servant, such servant shall immediately become free, and be so held, deemed and taken. Oct. 1670, act 5,

2 Stat. Larg. 280; Oct. 1705, c. 49, § 11, 3 Stat. Larg. 449; Nov. 1753, c. 7, 6 Stat. Larg. 359; Ibid.

Act of January 11, 1819-January 1, 1820. R. C. ch. 78.

1. § 1. The court of every county within this commonwealth, shall, in the month of June or July, annually (a) nominate to the governor or chief magistrate, for the time being, three persons named in the commission of the peace for such county,(2) one of which persons so nominated, being approved by the governor, with the advice of the privy council, shall be commissioned by the governor, to execute the office of sheriff in such county. Act 1634, 1 Stat. Larg. 223; March 1642-3, act 31, 1 Stat. Larg. 259; March 1654, act 6, Ibid. 392; Oct. 1669-1, act 9, 2 Stat. Larg. 21; March 1661-2, act 44, Ibid. 78; June 1676, act 5, Ibid. 353; Oct. 1705, c. 2, 3 Stat. Larg. 246; Oct. 1782, c. 39, 11 Stat. Larg. 168; May 1783, c. 32, 1b. 277; Oct. 1783, c. 2, Ib. 306; 1785, c. 40, 12 Stat. Larg. 98; 1792, c. 80, R. C. [Whereas it is represented that the executive of this commonwealth so interpret the law, as to deny to themselves the power of granting a commission to any person, as

(a) There must be an annual nomination, commission and bond. The bond covers but one year, and the sureties thereto are answerable for the transactions of that year only. The Com. v. Fairfax et al. 4 H. & M. 208.

This case only decides, that the sureties in the sheriff's bond for the first year, are not liable for the taxes collected by the sheriff in the second year. The reason is, that the sureties are only bound according to the tenor of their obligation, which was, according to its legal effect, for the good conduct of the sheriff for one year. But it was never contended, that he who is de facto sheriff, and as such collects the taxes, and performs the other duties of the office, is

not liable for the amount of those taxes, and all other moneys collected by him by virtue of his office, and for all breaches of his duty as sheriff. Per Brockenbrough, J. in Douglass's ex'or v. Stumps et al. 5 Leigh, 397.

In an action against a sheriff and his sureties upon the official bond of the sheriff, the recovery can only be of such damages as the relator may have sustained by reason of the breach of the condition of the bond. Perkins et al. v. Giles, Gov., 9 Leigh, 397.

(2) In the nomination of three persons to the executive for the office of sheriff, the county courts cannot be controlled by the superior courts. Frisbie v. Justices of Wythe County, gen. ct., Nov. T. 1817, 2 Virg. Cas. 92.

Act of January 11, 1819-January 1, 1820. R. C. ch. 78.

sheriff of a county, unless such person be recommended to them at the June or July term of the court of such county; by reason whereof, long vacancies in the office of sheriff sometimes occur, and some of the provisions of the law, in relation to their appointment, are rendered wholly unavailing; for remedy whereof: Be it enacted by the general assembly, That in all cases wherein a vacancy in the office of sheriff now exists, or shall hereafter exist, it shall be the duty of the court of such county, without delay, to recommend to the executive, in manner prescribed by law, fit persons to fill the said office; and, from time to time, in like manner, to recommend others as often as may be necessary, till such vacancy be filled; and, at whatever court such recommendation may be made, the executive shall have full power and authority to commission any one of the persons so recommended, or such of them, in succession, as may be necessary to fill the said vacancy, in the same manner as if such persons had been recommended at the term appointed by law for annual recommendations. And whereas it is desirable that the sheriffs of the several counties in this commonwealth, as far as conveniently may be, should enter upon the duties of their offices at the first quarterly term of their respective county courts in each year: Be it therefore enacted, That after the present year, the annual recommendations of sheriffs, prescribed by law, shall be made by the courts of the respective counties, at the last quarterly term appointed by law, for each year, or as soon thereafter as may be; and every commission for the sheriff of any county, hereafter issued, instead of being granted for one year, as heretofore, shall be granted as follows, that is to say: if such commission bear date on or before the first day of June, in any year, it shall be granted to continue until the first quarterly term of the county court, for the next succeeding year; if it bear date after the first day of June, it shall be granted to continue until the first quarterly term of the county court for the second succeeding year. Every person hereafter commissioned and qualified as sheriff, may, with his own consent, and the approbation of the executive, be continued for one year next after the expiration of his first commission, and no longer, unless a succeeding sheriff shall fail to qualify; in which case, the sheriff in office shall continue to act, in manner now prescribed by law. Act of March 5, 1824, Ses. Acts 1823-4, c. 26, p. 29; Sup. R. C. c. 134, p. 195-6.] 2. § 3. If the court of any county shall fail to nominate persons for the office of sheriff, in the manner, and at the time herein prescribed, every justice so failing, shall forfeit and pay to the commonwealth, for the use of the Literary fund, the sum of two hundred dollars. Oct. 1710, c. 9, 3 Stat. Larg. 499; Oct. 1784, c. 59, 11 Stat. Larg. 463; 1792, c. 80, R. C.; March 1824, Ses. Acts 1823-4, c. 26.

3. 3. If any person hereafter appointed sheriff of any county, shall not, within two months after the appointment, give hond and sufficient security, for the true and faithful performance of his duty as sheriff, and also for the collection of taxes, the clerk of the court of such county shall, within one month thereafter, transmit to the governor, for the time being, a certificate of such neglect or failure, under the penalty of three hundred dollars. lbid. Nov. 1720, c. 4, § 2, 4 Stat. Larg. 84.

4. 4. If the person first commissioned to the said office of sheriff, shall fail to give bond in two months after his appointment, and the clerk shall certify the same as above required, or if the person first nominated shall fail to make application to the governor or chief magistrate, for a commission, within one month after such nomination, the governor, with the advice of council, is hereby authorized and required to issue a commission to some other person nominated by the court, unless good cause be shewn to the contrary; which commission, to all intents and purposes, shall supersede and annul the former