Page:United States Reports, Volume 2.djvu/205

 I SUPREME COURT 01* Pemyjhrania. Ipg trad: or _/HI!. This policy of putting children out as npprmtim, 1793, is carried into our poor laws, and thofe which relate to orphans.~/vs: Overfeers of the poor, and the Orphans Courts, have no au- ` thority to bind out minors as fervantr, even fuch as are the ob- E jefls of public charity. They mull: be bound apprentices to $ fome “ art, trade, occupation, or labour." = There have been inltanees of children here being bound out as fervants 5 but this has not been general ; and the Courts of juilice have always frowned on the attempts. I agree, that it is not neceffary to determine how far a fa- ther may transfer to another, the right which he has to the fer- vice of his children, in conlideration of that othefsinftruéling t him in reading, writing, and the like ; nor whether the Court would interfere to take the child out of fuch peri`on’s cullody. ` But, I think it right to fay, that no parent, under ` any circum- ltances, can make his child a jirvant, in the fenfe ip which this boy is held as fuch. Though he is intitled to the fervice of his child, he cannot enforce it, as a matter can that of his [er- vants; he cannot commit him to goal if he runs away; he cannot demand the penalty of five days fervice for every day of _ abfence; and, therefore, it is impollibie that he can·transfer fuch right to another. I am, therefore, of opinion with the tell of the Court, that this boy is not a fervant within the meaning of the All of 1 yo.: ; and confequeutly, he mult be difcharged. BARNES’S Lelfee, ouyiu Ittwm, er al. HIS caufe was argued upon a cafe listed, which includ- ed the following faéls. The plaintiff was heir at law for one moiety of the real ellate of Margaret Hmderfm, who died feized of the premifes in queltion. Previous to her marriage with Matbia: Hmderjiu, articles of agreement dated the agth of fum, 1 794, were executed between them, and a third per- l'on;b which Jllartbew Hmdnjba, covenanted, that the real » eltate. helonging to her, lhould be to their joint ufe during the marriage; but that Mrs. Hmderfn ihould have full power to difpofe of it by Deed, or Will, during coverture. They had no ill'ue. On the zgth jhauary iqgo, during the coverture, Mrs. Hmderjbu, made a Will in the ufual form, appointed the defendants her executors, and gave them power to fell her real eltate ; the monies ariling from which were bequeathed, except fome charitable legacies. To the plaintitffhe left live lliillings. The defendants entered and fold. . The

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