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11 Serg. & Rawle 360

Commonwealth v. Barker

Supreme Court of Pennsylvania

Decided September 11, 1824

Supreme Court of Pennsylvania · decided 1824-09-11

This was a habeas corpus to produce the body of Frank, a mulatto boy, whom the defendant, Barker, claimed as his servant till the age of twenty-eight years, being the son of his slave Milla, duly registered, &e. The boy was registered on the 9th of April, 1812, in these words: «To the clerk of the peace of Allegheny county, ilAbner Barker, of the borough of Pittsburgh, returns to the said clerk a male mulatto child, called Frank, born on or about the 12th day of November,…

Decided 1824-09-11

By tre Court.

¶1There is one point of great importance, on which the court intimates no opinion, viz: whether the child of a person, born since the act of 1788, is bound to serve until the age of twenty-eight. But there is another point decisive of this case. The occupation of the master is not' mentioned in the register. Bdt inasmuch as it would be impossible to mention the occupation of a man'who has no occupation, We have admitted parol evidence for the .purpose of proving that Mr. Barker had no occupation at the time of entering this boy. On this subject it is incumbent on the master to remove all doubt, and we cannot say that the evidence has been sufficient for that purpose. We think it very doubtful from the evidence, whether Mr. Barker was not a partner of a manufacturing company at the date of this resister. For that reason we are of opinion, that the register is not according to law, and Frank is entitled to his discharge.

¶2Prisoner discharged.

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