reputed and adjudged in law,
to be chattels personal, in the hands of their owners and
possessors, and their executors, administrators and assigns,
to all intents, constructions and purposes whatsoever;
_provided always_, that if any negro, Indian, mulatto or
mustizo, shall claim his or her freedom, it shall and may be
lawful for such negro, Indian, mulatto or mustizo, or any
person or persons whatsoever, on his or her behalf, to apply
to the justices of his Majesty's court of common pleas, by
petition or motion, either during the sitting of the said
court, or before any of the justices of the same court, at
any time in the vacation; and the said court, or any of the
justices thereof, shall, and they are hereby fully impowered
to, admit any person so applying to be guardian for any
negro, Indian, mulatto or mustizo, claiming his, her or
their freedom; and such guardians shall be enabled, entitled
and capable in law, to bring an action of trespass in the
nature of ravishment of ward, against any person who shall
claim property in, or who shall be in possession of, any
such negro, Indian, mulatto or mustizo; and the defendant
shall and may plead the general issue on such action
brought, and the special matter may and shall be given in
evidence, and upon a general or special verdict found,
judgment shall be given according to the very right of the
cause, without having any regard to any defect in the
proceedings, either in form or substance; and if judgment
shall be given for the plaintiff, a special entry shall be
made, declaring that the ward of the plaintiff is free, and
the jury shall assess damages which the plaintiff's ward
hath sustained, and the court shall give judgment, and award
execution, against the defendant for such damage, with full
costs of suit; but in case judgment shall be given for the
defendant, the said court is hereby fully impowered to
inflict such corporal punishment, not extending to life or
limb, on the ward of the plaintiff, as they, in their
discretion, shall think fit; _provided always_, that in any
action or suit to be brought in pursuance of the direction
of this Act, the burthen of the proof shall lay on the
plaintiff, and it shall be always presumed that every negro,
Indian, mulatto and mustizo,