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THE DAILY
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P??O??1X
Attend the True Event.
Tri-Weekly $7 a Year
BY J. A. SELBY
COLUMBIA, S. C., THURSDAY MORNING, DECEMBER 21, 1865.
YOL. I-^NO. 227
1
I
THI BURNING or COLUMBIA.-An inter?
esting account of the "Sack and Destrnc
tion of tho City of Columbia, S. C.," has
ust been is?ued, in pamphlet form, from
the Phoenix steam power press. Orders
can be Riled to any extent.
Messrs. Shodair A Steiglitz have on ex?
hibition, in their window, an elegant piece
of work manufactured from sugar, which
will attract unusual attention and admi?
ration, and of course cause persons to
take a peep inside of the store ct their
varied stock.
*THE CODE."-The Photnix, of Wednes?
day and Thursday, December 20 and 21,
contains the entire "Code." Copies can be
obtained at the office, at ten cents each.
Persons residing at a distance can bo sup?
plied with copies of the whole (including
postage) at twenty-five cents. Send orders
as early as possible, as it is a matter in
which every section of thc State is inter?
ested.
LODGE or SORROW.-We are pleased to
notice that the Masons of this place aro
to hold a Lodge of Sorrow, this even?
ing. December 24, to do honor to the
memory of two of the order who held
high positions in the fraternity-John H.
Boatwright, Grand Master; and R. B.
Boylston, Deputy Grand Master. Bev. Dr.
Reynolds will pronounce their eulogy. W?
also understand that Borne of our musical
friends have kindly volunteered to fill the
choir on this occasion; if so, wc can safely
promise to all lovers of music a treat.
This is, we believe, only the second time
that the doors of the order have been
thrown open to tho uninitiated, and we
have no doubt but that tho numerous
fr'cnds of the lamented dead-and par?
ticularly those of Dr. Boatwright, who has
been for many years identified with this
place-will bo gratified with this opportu?
nity to pay their last respects. The ladies
aro expected to grace this occasion with
their presence. We would refer our read?
ers to thc advertisement.
NEW ADVERTISEMENTS.-Attention is call
ted to the foUowing advertisements, which
are published this morning for thc fir?t
time:
P. S. Rutledge-Marshall House.
F. Lance A Son-Piano, Ac.
James G. Gibbes-Furniture, Ac.
E. H. Moise A Co.-For Christmas.
Annual Meeting Stockholders Gas Co.
Shodair A Stieglitz-Look at This.
Shelton, Calvo A Walsh-Fire-works, Ac.
" " " -Boots, Shoes.
" " .' -Lime.
-Light!
Apply at this Office-Nurse Wanted.
A. J. Berry-Fresh Arrivals.
Jennings, Thomlinson A Co.-Saddlery.
Boots & Shoes!
JUST BECEI??2),
5CASES Men's Long-leg WATER-PROOF
BOOTS.
4 cases Boy s Double-soled BOOTS.
Ladies' and Misses' SHOES, in great va?
riety. ALSO,
A largo assortment of SERVANTS'
SHOES, which wdl bo sold LOW by
SHELTON, CALVO A WALSH,
Bull st., 1 square West Nickerson's Hotel.
Dec 21
JEXXIKGS, TQ0ML1NS0N & CO.,
WHOLESALE AND BUTAXL DEALERS IN
SADDLERY HARDWARE,
TRUNKS, VALISES, CARPET BAGS,
Leather and Shoe Findings, Etc.,
35 HA TXE STREET,
Dec 21. Imo
FOR SALE,
TWO LOTS at Elmwood Cemetery, Nos.
2 and 3, of square No. 4, 1,020 superfi?
cial feet. Inquire at this office. Dec li) 5
Situation Wanted,
BY a respectable White Woman, as nurse
or house-keeper. Best of references
can be given. Apply at Mr. R. FERGU?
SON'S, on Boundary street, near Main.
Dec 20
ACTS OF THE GENERAL ASSEMBLY.
AN ACT TO ESTABLISH AND EEGTTLATE THE DOMESTIC RELATIONS or PER?
SONS OF COLOR, AND TO AMEND THE LIAW IN RELATION TO PAUPERS AND
VAGRANCT.
Be it enacted by the Senate ind House of Representatives, noir- met and
sitting in General Assembly, and br/ the authority of the same, as follows :
HUSBAND AND WIFE. 4
I. The relation of husband and wife amongst persons of color is estab?
lished.
LT-. Those who now live as such, ure declared to be husband and wife. t
III. In ease of one man having two or more reputed wives, or one wo
man two or more reputed husbands, the man shall, by the first of April I
next, select one of his reputed wives, or the woman one of her reputed :
husbands ; and the ceremony of marriage, between this man or woman, j
and the person so selected, shall be performed.
IV. Every colored child, heretofore born, is declared to bo the legiti?
mate child of his mother, and also of his colored father, if he is acknow- j
lodged by such a father.
V. Persons of color, desirous hereafter to become husband and wife, |
should have the contract of marriage duly solemnized.
VI. A clergyman, the District Judge, a Magistrate, or any judicial |
officer, may solemnize marriages.
VII. Cohabitation, with reputation, or recognition of the parties, shall
be evidenea of marriage, in cases criminal and civil.
VIH. One who ia a pauper, or a charge to the public, shall not l>c com
pe tent to contract marriage. Marriage between a white person and a |
person of color, shall be illegal and void.
IX. The marriage of an apprentice shall not, without the consent of ?
the master, be lawful.
X. A husband shall not, for ?ny cause, abandon or turn away his wife, ;
nor a wife her husband. Either of them that a'umdons or turns away
the other, may be prosecuted for a misdemeanor ; and upon conviction
thereof, before a District Judge, may be punished by fine and corporal
punishment, duly apportioned to the circumstances of aggravation or miti?
gation. A husband not disablec"., who has been"thus convicted of having
abandoned or turned away his wife, or who bas shown to fail in maintain- j
ing his wife and children, may be bound to service by the District Judge
from year to year, and so much of the profits of his labor, as may be re- !
quisite, be applied, to the maintenance of his wife and children ; the dis?
tribution between them being made according to their respective merits j
and necessities. In like maaner, a wife not disabled, who has been thus
convicted, may be bound, and the proceeds of ho? labor applied to thc
maintenance of her children. In either case, any surplus profit shall go
to the person bound. At the en-, of any year for which he was bound,
the husband shall have the right to return to, or receive back, his wife,
and thereupon shall be discharged upon condition of his afterwards main- i
tainiug bis wife and children. A like right a wife shall have, at the end \
of a year for which , she was bound, on condition of her making future j
exertions to maintain her family.
XI. Whenever a husband shall be convicted of having abandoned or I
turned away his wife, she shall be competent to make a contract for ser- j
vice ; and until he shall return to her or receive her back, she shall have
all the rights, ?aid be subject to all the liabilities of an unmarried woman, j
except the right to contract marriage. When either husband or wife has
abandoned the other in any District, and that other remains there, if upon
tile warrant or summons against thc ono charged of misdemeanor under
the section next preceding, there be a return by a Sheriff or Constable, |
under oath, that the accused has left the District or absconds, so that !
there cannot be personal service, the prosecution may proceed as if the
accused had been arrested, and upon conviction, all tho other consequen?
ces shall follow, except punishment, and that shall be reserved until the !
accused may be brought into Court, when an opportunity shall be given j
for disproving the truth of the return and setting aside the conviction.
l'A SENT AND CHILD.
XII. The relation of purent and child, amongst persons of color, is j
recognized, confers all the rights and remedies, civil and criminal, and j
imposes all the duties, that are incident thereto by law, unless the same j
are modified by this Act, or some legislation connected herewith.
XIII. The father shall support and maintain his children, under fifteen
years of age, whether they be born of one of his reputed wives or of any |
other woman.
GUARDIAN AND WARDS.
XIV. Tho relation of Guardian and Ward, as it now exists in this State, I
with all the rights and duties incident thereto, is extended to persons of <
color, with the modifications made by this Act.
MASTER AND APPRENTICE,
XV. A child, over the age of two years, born of a colored parent, may
be bound by the father, if he be living in the District, or in case of his j
death or absence from the District, by the mother, as an apprentice, to any |
respectable white or colored person, who is competent to make a contract- !
a male until he shall attain the age of twenty-one years, and a female
until she shall attain the age of eighteen years.
XVI. Illegitimate children, within the ages above specified, may be !
bound by the motlier.
XVII. Colored children, between the ages mentioned, who have neither !
father nor mother living in the District in which they are found, or whose j
parents are paupers, or unable to afford to them maintenance, or whose j
parents aro not teaching them habits of industry and honesty, or are per- j
sons of notoriously bad character, or are vagrants, or have been, either of
them, convicted of an infamous offence, may be bound as apprentices by
the District Judge, or one of thc Magistrates for the aforesaid term.
XVIII. Males, of the age of twelve years, and females, of the age of
ten years, shall sign the indenture of apprenticeship and be bound
thereby.
XIX. When thc apprentice is under these ages, and in all eases of com?
pulsory apprenticeship, where the infant refuses assent, his signature
shall not be necessary to the validity of the apprenticeship. The master's
obligation of apprenticeship, in all cases of compulsory apprenticeship,
and eases where the father or mother does not bind a child, shall be exe?
cuted in the presence of the District Judge, or one of the Magistrates,
certified by him, and filed in the office of the Clerk of the District Court.
XX. Tho indenture of voluntary apprenticeship shall be under seal, and
be signed by the master, the parent and the apprentice, attested by two
credible witnesses, and approved by tho District Judge or one of the
Magistrates.
XXL All instruments of apprenticeship shall be executed in duplicate, |
one of which shall be retained by the master and the other filed in the
office of the Clerk' of the District Court. For the approval of an instru- |
ment of apprenticeship, thus execrated in duplicate, the mae4 r shall pay
an aid of three dollars to the Magistrate, or District Judge, as the case
may be.
XXII. The master or mistress shall teach the apprentice the business of
husbandry, or some other useful trade or business, which shall be speci?
fied in thc instrument of apprenticeship; shall furnish him wholesome
food and suitable clothing ; teach him habits of -industry, honesty and
morality ; govern and treat him with humanity ; and if there be a school
within a convenient distance, iu which colored children are taught, shall
send him to school at least six -weeks in every year of his apprenticeship,
after he shall be of the age of ten yeai-s : Provided, That the teacher of
such school shall have the license of the District Judge to establish the
same.
XXIII. The master shall have authority to inflict moderate chastise?
ment and impose reasonable restraint upon his apprentice, and to re cap?
ture him if he depart from his service.
XXIV. The master shall receive to his own uso the profits of the labor of
his apprentice. Thc relation of master and apprentice shall be dissolved
by the death of tho master, except where the apprentice is engaged in
husbandry, and may be dissolved by order of the District Judge, when
? both parties consent, or it shall appear to be seriously det -iiaental to
either party. In the excepted case, it shall terminate at the end of the
i year in which the master died.
i XXV. In cases of the habitual violation or neglect of the duties herein
j imposed on the master, and whenever the apprentice is in danger of moral
: contamination by the vicious conduct of the master, the relation of master
j and apprentice may be dissolved by the order of the District Judge. And
; any person shall have the right to complain to the District Judge, that
! the master does not exercise proper discipline over his apprentice,. to the
? injury of his neighbor ; and if upon investigation, it shall be so found,
; the late contract between the parties shall be dissolved,
j XXVI. In cases of alleged violation of duty, or of misconduct on the
I part of the master or a^vprentice, either party may make complaint to a
! Magistrate, who shall summon the parties before him, inquire into the
: cause of complaint, and make such order as shall be meet, not extending
! to the dissolution of the relation of the parties ; and if the master oe
j found to be in default, he shall be fined not exceeding twenty dollars and
! costs ; and if the apprentice be in default, he may be corrected in such
j manner as thc Magistrate shall order. A frivolous complaint made by
I either party shall be regarded as a default.
XXVLT. In cases in which the District Judge shall order tho apprentice
j to be discharged for immoderate correction, or unlawful restraint of the
apprentice, the master shall be liable to indictment, and, on conviction,
j to fine and imprisonment, at the discreci?n ol the Court, not exeee<iing a
j fine of fifty dollars, and imprisonment of thirty days, and also to an action
i for damages by the apprentice.
XXVI?I. All orders made by a Magistrate, totiching the relation of
master and apprentice, shall be filed in the office of the Clerk of the
District Court.
XIX. A mechanic, artisan or shop-keeper, or other person, who is re?
quired to have a license, shall not receive any colored apprentice without
having first obtained such license.
XXX. At the expiration of his teria of service, the apprentice shall
have fhe right to recover from his master a sum not exceeding sixty dollars.
XXXI. To au apprentice shall apply the provisions hereinafter made for
a servant under contract, so far as respects the regulations of labor, the
duties of the servant, the rights of the master as to third persons, and the
rights of servants as to third persons, except, that to an apprentice the
master shall be bound to furnish necessary medicine and medical
assistance.
XXXII. In all indentures or obligations of apprenticeship, the regula?
tions herein prescribed, shall be considered stipulations.
XXXIII. Form of indenture to, be used in cases of voluntary apprenticeship,
where the apprentice is boxaid by father or mother : (to be in duplicate.) I
(father or mother, as the case may be,) of (name of child) my child of the
age of years, do hereby bind said child to (name of master)
to learn the (here insert the trade or business, ) and I (name of master)
agree to receive the said child as ruy apprentice. In witness whereof, we
(the master, father or motther, as the case may bo, and child, if over the
prescribed age} have s;ibscribc-d our names and put our seals, this
day of 186
A. B. [L. S.]
C. D. [Ii. S.I
E. F. [L. S.j
Signed ard sealed in the presence of
G. H.
L. K.
I approve the above indenture of apprenticeship this day of
13
M. N., {Judye of the District
Court, or Magistrate.)
XXXIV. Form of Obligation of Apprenticeship', taken by the District
Judge or Magistrate, to be used in all cases of compulsory apprenticeship;
and, in all e?ises, where neither father nor mother binds the child, (to be
in duplicate.)
I (name of master) agree to receive (name of apprentice) as my appren?
tice to learn the (insert the trude or business ;) and I bind myself to
per?Hpn all my duties as such master. In witness whereof (the master and
apprentice, if over the prescribed age, who consents to be bound, other?
wise only the master,) ha subscribi d name and put
seal this dav of 186
A. B. [L. S.]
Signed and sealed in the presence of C. D. [L. S.J
E. F.. {District Judge or Magistrate.)
I approve aud certify the above obligation ol' apprenticeship, this
day of 186
E. F., [Judge of tin DM rici Court, or Magistrate,)
CONTRA I I'S r'OB SERVICE.
XXXV. All persons of color who make contracts for service or labor,
shall be known as servants, av. i those with whom they contract, shall be
known as masters.
XXXVI. Contracts between masters and servants, for one month or
more, shall be in writing, be attested by one white witness, and be ap?
proved bv the Judge of the District Court, or by a Magistrate.
XXXVII. The period of service shall be expressed in the contract ; but
if it be not expressed, it shall be until the twenty-fifth day of December
next, after the commencement of the service.
XXXVLTL If the rate of wages be not stipulated by tho parties to the
contract, it shall be fixed by the District Judge or a Magistrate, on applica?
tion by one of the parties, and notice to the other.
