[82] Iredell, Acts of 1741, chap. XXIV., § 4; Leaming and Spicer, _Acts
of East New Jersey, 1682_, chap. XXVI. Any white servant burdened beyond
his strength, or deprived of necessary rest and sleep, could complain to
the justice of the peace. This officer was empowered, first, to admonish
the offending master; second, to levy on his goods to an amount not
exceeding ten pounds; and third, to sell the servant’s time. Trott, Act
of 1717. In New York and Massachusetts servants were to have convenient
time for food and rest.—_Laws of the Duke of York_; Massachusetts, Act
of 1672. In Maryland the penalty for insufficient meat, drink, lodging,
and clothing, burdens beyond their strength, or more than ten lashes for
one offence, was for the first and second offence a fine of not more
than a thousand pounds of tobacco, and on the third offence the servant
recovered his liberty. Permission to exceed ten lashes could be obtained
from the Court, but the master could not inflict more than thirty-nine
lashes.—Dorsey, _Laws of 1715_, chap. LXIV.
[83] Trumbull, _Public Records_, p. 263; Massachusetts, Act of 1700;
Iredell, Acts of 1741, chap. XXIV. In North Carolina if a master did not
use means for the recovery of a servant when ill, and turned him away,
he forfeited five pounds for each servant so turned away, and if this
was not sufficient the Court was empowered to levy an additional amount.
Such servants on their recovery were to have their freedom, provided
they had not brought the illness on themselves. In Connecticut if the
injury came at the hands of the master or any member of his family, the
master was obliged to provide for the maintenance of the servant, even
after the expiration of his term of service, according to the judgment
of the Court. But if the injury “came by any providence of God without
the default of the family of the governor,” the master was released from
the obligation of providing for him after his term of service expired.
In South Carolina masters turning away sick or infirm servants were to
forfeit twenty pounds.
[84] Leaming and Spicer, _East New Jersey_, 1682; _Body of Liberties_, §
87, Act of 1672; _Laws of the Duke of York_. In Maryland the Act of 1692
freed a mulatto girl whose master had cut off both her ears.
[85] _Body of Liberties_, § 85, Act of 1672; _Laws of Connecticut_, 1673.
[86] _Laws of the Duke of York._
[87] Iredell, 1741, chap. XXIV.
[88] Leaming and Spicer, _East New Jersey, 1682_, chap. VIII.
[89] _Instructions of the Crown_, November 16, 1702.
[90] Iredell, 1741, chap. XXIV.
[91] Carey and Bioren, chap. 635.
[92] Trott, Act of 1717.
[93] Act of 1673.
[94] Leaming and Spicer, Act of 1682. This is practically the
re-enactment of a similar law in Carteret’s time, 1668, and of the law of
1675.
[95] Iredell, Act of 1741.
[96] Trott, Act of 1717.
[97] Browne, 1692; Dorsey, 1715, chap. XLIV.
[98] Leaming and Spicer, Act of 1682. The Acts of 1682 and 1675 had
similar provisions.
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