Gmrd.n 

 tod ward. 



Ntanl 



j-ir :. i *. 



Goarciiin 



father for some purposes, that i, by a man's acknow- 

 (edging it to be his child. If a man declares a child 

 to be his in eentre sa mere, and dies before its birth, 

 such child does not gain sufficient reputation by the 

 declaration, to entitle it to take a bequest from its fa- 

 ther ; but if he liad devised an estate to it generally, as 

 to the child such an one is enciente with, the bequest 

 would pass to the child. 



51. Guardian and ward are, pro tempore, reciprocally 

 subject to the same rights and duties as parent and 

 child. 



52. The natural and legal guardians of a child are its 

 parents ; for if an estate be left to an infant, the father 

 is by common law the guardian, and must account to 

 his child for the profits ; but an executor is not justi- 

 fied in paying a legacy left a child to its father : fur if 

 the father bwnmea insolvent, the executor may be com- 

 pelled to pay it over again. A father may by deed or 

 will assign a guardian to his infant children. 



53. Guardians for nurture are of course father and 

 mother till the infant attain the age of fourteen years : 

 and in default of father or mother, the ordinary may 

 Mign sutne discreet person to take care of the infant's 

 personal estate, maintenance, and education. 



54. Guardian in tocagr, is where the minor is en- 

 titled to some estate in lands, and then by the common 

 law the guardianship devolves upon such of his next of 

 kin to whom the inheritance cannot possibly descend ; 

 as where an estate descends from the father's family, a 

 relative of the mother's will be appointed; so vice versa. 



53. Guardians by tocage for nurture, continue only 

 till the minor is fourteen years of age: for then, in both 

 cue*, he is presumed to have discretion to choose his 

 own guardian 



56. Guardian by statute, is where a father appoints 

 a guardian for his child, bom or unborn, by deed or 

 will, which he may do to any person except a Popish 

 recusant, until it attain the age of one- ami-twenty years. 



57. A guardian is bound, when his ward comes of 

 age, to give him an account of all that he has transact* 

 ed upon his behalf, and to answer for all losses through 

 his negligence 



58. The chief injury to a parent or pnardtan, is the 

 abduction of their children or wards, of which we may 

 here take notice that the legal remedy is by action of 



of them and damages. 



L A W. 639 



within seven years after the expiration of his original Law 



59- The relation between master and servant arises, 

 whan one for a stipulated sum, or an implied contract 

 for remuneration, undertakes to do certain work or ser- 

 vice* for another. 



6O. Pint, Menial at domestic servants are persons 

 any particular time limited. The law 

 this hiring to be for a year ; and no master 

 can pat away such miaa* nor such servant leave his 

 master after beta*; so retained, either before or at the 

 end of bis term, without a quarter's warning; but a 

 ter may torn away his servant instantly for any 

 breach of morality. Second, Apprentices are persons 

 placpd under a master or mistress by deed indented, to 

 be maintained aad instructed in some particular trade 

 or bsuineaa. They may be moderately corrected for 

 any misbehaviour, and may be discharged on reason- 



able cauie, either at the request of themselves or mas- 



contract. Third, Lahotircrs are hired by the day or of England. 



week, do not live intra mne'tia as part of the fami- ^"^' f ~^ 

 ly, and are regulated by a number of statutes. Fourth, 



Stewards, factors, and bailiffs, whom the law considers stewards, 



as servants pro tempore, with regard to such of their &c. 

 acts as affect their master's employ. 



61. Persons having served seven years as apprentices Priv i'ege 



to any trade, have an exclusive right to exercise that C0 " st 1 uent 

 , '. _ on a 7 vcars 



trade in any part of England. apprentice- 



62. A master is answerable for the acts of his ser- ship. 

 vant if done by his command, either expressly given Liability of 

 or implied in all matters that are honest and lawful ; masters for 

 for whatever a servant is permitted to do in the usual actsofser- 

 course of business, is equivalent to a general command; vanls - 



so if a man invariably deals with a tradesman in ready 

 money, he is not answerable for what his servant takes 

 upon trust. If a servant by his negligence, and not 

 u-ilf'ul default, does any damage to a stranger, while 

 actually employed in his master's service, his master 

 shall answer his neglect. 



63. If any person gives a false character of a ser- Penalty for 

 vant, or a false account of his former service; or if giving false 

 any servant shall give such false character, or shall al- character of 

 ter a certificate of a character, he shall, upon convic- servan '- 

 tion before a justice of the peace, forfeit 20, with 



10$. costs. In an action against a person who had 

 knowingly given a false character of a man to the 

 plaintiff, who was thereby induced to take him into his 

 service, and this servant having soon after robbed his 

 master of property to a great amount, for which he 

 was executed : the plaintiff recovered damages against 

 the defendant to the extent of the loss. 



64. The most direct and ordinary injuries to a mas- Injuries 

 ter are, 1. Retaining his servants; and, 2. Beating proper to a 

 them ; the legal remedy of both of which classes of master - 

 injury, is by action on the case for damages. 



BOOK II. 

 OF REAL AND PERSONAL ESTATES. 



CHAP. I. Of Cnrporeat and Incorporeal Hereditaments, 

 Tenures, Freeholds, Estate* less than Freehold, Estates 

 in Remainder, in Reversion, SfC. 



1. The objects of dominion or property are things, Things real 

 which are by the law of England distributed into two or personal. 

 kinds ; things real, and things personal. Things real, 



are such as are permanent, fixed, and immoveable, 

 which cannot be carried out of their place, as lands 

 and tenements; things personal are goods, money, 

 and all other moveables, which may attend the own- 

 er's person wherever he thinks proper to go. 



2. Hereditaments, by which is meant whatever may Heredita- 

 be inherited, are of two kinds, corporeal and incorpo- m " 

 real. Corporeal consist of such as affect the senses, w 



such as may be seen and handled by the body : incor- 

 poreal are not the object of sensation, can neither be 

 seen nor handled, are creatures of the mind, and exist 

 only in contemplation 



8. Corporeal hereditaments consist wholly of sub- 

 stantial and permanent objects; all which may K - 



be 



, - all which 



tem, made at the quarter-session., or by one justice comprehended under the general denomination of land 



with appeal to the quarter- sessions. If an apprentice only. For land comprehends, in its legal s.gmhcation, 



with wbosn less than ten pounds has been given, run any ground, soil, or earth whatsoever. I 



awy from hi* master, he is compellabfe to serve out eludes also all castles, houses, and other b 



his time of absence, or make saiulaciwa for the time, for they consist of two things; land, which, is 



