
    The Commonwealth against Greason.
    In Error.
    
      Friday, October 2.
    ON a habeas corpus directed to James D. Greason, commanding him to bring before the Court, the body of Bob, a mulatto man, it appeared, that on the 21st November, 1792, William Gibson returned to the clerk of the peace of Cumberland county, a certain male mulatto child, named Bob, born of his negro wench, named Hannah, on, or about the 23d May last. This report was entered of record, on the day on which it was made, in the following manner, “ William Gibson, of East Pennsborough township, farmer, one male negro,, born the 23d May, 1792, named Bob.”
    
    The report the4th section gg^Maroh 1788, to be ^th^oAhe of a negro or Souid'state^’ the age with asto kaveSo" doubt that the report was made within ter the birth ofsuch chllcb
    
      Mahon and Metzgar for the prisoner,
    contended that the requisitions of the act of 29th March, 1788, (sect. 4.) had not been complied with, by the return in the present case. The act which was made in favour of liberty, and ought to be strictly construed, requires, that all persons who wish to avail themselves of the benefit of it, should among other things, make a report under oath, of the age of the child whose services they claim. It is obviously essential, that the age should be positively stated; but the return in this . instance, has nothing certain and definite; about, may extend to several days, or even a week. It is impossible therefore to know from the report, which was not made until the 21st November, whether it was-within the.time prescribed by law. Under the circumstances of the case, the oath wears a very suspicious aspect.
    
      Carothers, for the defendant,
    answered, that the act of assembly very properly required the oath of the master respecting the age of the child, to be only to the best of his knowledge ,and belief, for it was impossible in every case, to be altogether exact on such a subject. On, or about the 23d of May, means, the day preceding, or subsequent. This would bring the return within the six months. The entry on the record was made on the 21st November, and states the birth of the child, to have been on the 23d of May.
    
    
      
      
         Purd. Dig. 481.
    
   By The Court.

The act of 29th March, 1788, directs that the master shall make a report in writing, to the clerk of the peace of the county,- within six months after the birth of the child ; which report shall contain the age, name, and Sex of the child, &c. The report is to be verified by the oath of the master, to be entered of record by the clerk of the peace, and to be admitted as legal evidence in courts of justice. Unless this is done, the master forfeits all right to the service of the child. Now has the law been complied with, in this case ? Has a report been made within six months from the birth of negro Bob ? We cannot say that it has. The report leaves us in doubt. It states that Bob was born on, or about the 23d May, 1792, add this report was delivered to the clerk of the peace, on the 21-st November following. What Mr. Gibson meant by about, we know not. It may be, that in his mind, about, included several days; and then, Bob might have been born about the 23d May, and yet the report may not have been made within six months. All that can be concluded, is, that the report was made in about six months, but whether within six months, is doubtful. It lies upon the master to prove, that the law had been complied with, and as this has not been done, it is the opinion of the Court, that negro Bob should be discharged.

Prisoner discharged.  