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![handle is hein.slavery/ssactsengr0976 and id is 1 raw text is: TERM. S. HILL. 8 WILL. 3. B. R.
value, and worked at his trade for a whole year, and was imployed by most of the
inhabitants there, and particularly by one Everard a justice of peace; and therefore
they adjudged that this amounted to notice as required by the Statute 2 Jac. and
for this reason they by this order settled him at Foston.
And upon an appeal to the sessions from this order, in which all the matter supra
was specially set forth, it was held, that this did not amount to such notice as was
required by the statute, therefore they vacated that order.
And now the sessions order being removed into B. R. by certiorari, it was moved,
that it might be quashed, for that this matter appearing in the order, did in law
amount to notice sufficient within the meaning of that statute.
Sed per Curiam, All this matter will not supply the notice which is now required by
the explanatory Statute of W. & M. and they distinguished thus:
Ss. That when one Act is made explanatory of another, this Court cannot
carry the explanations farther than is expressed in that Act; but upon an original
statute, the Court will make construction according to equity.
Wherefore the order of sessions was confirmed.
CHAMBERLAIN versus HARVEY. Intratur Trin. 7 W. 3, adjudged Hillary 8.
5 Mod. 182, 186, S. C. 1 Danv. 21, pl. 4. Trespass will not lie for taking away a
negro. Vide 3 Lev. 336. 3 Keb. 785. Raym. 16. 2 Salk. 666. Cro. El. 126, 545.
Cro. Jac. 262, 463. Cro. Car. 19, 391,545. March 12. Hob. 283.
Trespass, &c. for that the defendant vi & armis unum ,Ethiopem (Anglice vocat')
a negro ipsius querentis pretii 1001. apud London', &c. took and carried away, and
kept the plaintiff out of possession of the said negro from that time usque diem
exhibitionis bills pr~edict' per quod he (the plaintiff) lost the use of his said negro.
[397] Upon not guilty pleaded, the jury gave a special verdict, the substance
whereof was as followeth
Ss. They nd that the negro had been baptized after the taking, &c. and the
matter was rgued upon that point, (viz.) whether the baptism was a manumission,
and as to t at the Court gave no opinion.
Sed r Curiam, An action of trespass will not lie, because a negro cannot be
demanded as a * chattel, neither can his price be recovered in damages in an action
of trespass, as in case of a chattel ; for he is no other than a slavish servant, and the
master can maintain no other action of trespass for taking his servant, but only
such which concludes per quod servitium amisit, in which the master shall recover
for the loss of his service, and not for the value, or for any damages done to the
servant.
Judgment quod querens nil capiat per billam.
BOREHAM versus WALTHAM, Parishes in Sussex.
Salk. 121, S. C. A bastard-child born pending the appeal. Salk. 474, 532.
6 Mod. 213. 2 Bulst. 349. 5 Mod. 204. Comb. 285, 286, 380.
The case was, Hester Wood an unmarried woman being big with child, was by an
order of two justices removed from Waltham to Boreham as her last place of settle-
ment, from which order Boreham appealed; but before the next sessions she was
delivered of this bastard child at Boreham; and afterwards the order of the two
justices was vacated upon the appeal, and upon that the woman and her child were
sent back to Waltham.
Then two justices made a new order, by which the base child only was sent to
Boreham, because it was born there; which order being removed into B. R. by
certiorari, it was moved to quash it.
Sed per Curiam, The child ought to follow the mother in this case, because
Boreham could not remove the woman (who was sent thither by an order) till the
* 2 Lev. 201. Adjudged on a special verdict, that trover did not lie for a negro.
830
CART'HEW, $97.](ViewImageLocal?handle=hein.slavery/ssactsengr0976&div=1&collection=&method=preview&ext=.png&size=3)