OCR Interpretation

The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, January 18, 1866, Image 1

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Tlie Intelligencer
Advertisements inserted at the rates of Ono Dol?
lar per square of twelve lines for the first insertion
. and Fifty Cents for eaeh i subsequent insertion.
,'OWtttaries end Marriage Notices charged for at
these rates.
? ?.cts of the general assembly.
AN ACT to Establish and Regulate
the Domestic Relations op Persons
of Color, and to Amend the Law in
Relation to Padpers and Vagrancy.
Be it enacted by the Senate and House of
Representatives, now met and sitting in Gen?
eral Assembly, and by the authority of the
tame, as follows :
husband and wife.
I. The relation ot husband and wife
amongst persons of color is established.
II. Those who now livo as such, are
declared to be husband and wife.
III. In case of ono man having two or
more reputed wives, or ono woman two
or more reputed husbands, the man shall,
by the first of April next, select ono of
his reputed wives"; or the woman one of
her reputed husbands; and the ceremony
ofmarriago, between this man or woman,
and tho person so selected, shall be per?
- IV. Every colored chiild, heretofore
born, is declared to bo the legitimate child
of his mother, and also of his colored
father, if he is acknowledged by such a
V. Persons of color, desiring 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
?olemnize marriages.
VII. Cohabitation, with reputation, or
recognition of the parties, shall be evi?
dence of marriage, in cases criminal and
VIII. Ono who is a pauper, or a charge
to tho. public, shall not be competent to
,oontract 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 mas?
ter, bo lawful.
X. A husband, shall not, for any cause,
abandon or turn away his wife, nor a wife
* husband. Either of them that abandons
or turns away the other, may be prosecu?
ted for & misdemeanor; and upon convic?
tion thereof, before a District Judgo, may
fee punished by fine and corporal punish?
ment, duly apportioned to tho circum?
stances of aggravation or mitigation. A
husband. not disabled, who has thus been,
convicted of having abandoned or turned
away his wife, or who has shown to fail
an maintaining his wife and children, may
be bound to service by the District Judgo
from year to year, and so much of tho
profits of his labor, as may be requisite, ?
be applied to the maintenance of his wife
and: children; tho distribution between
them being made according to their res?
pective merits and necessities. In liko
manner, a wife not disabled, who has been
_thn* convicted, may .be bound, and the
proceeds of her labor applied to the main?
tenance of her children. In either case,
iany surplus .profit shall go to the person
bound. At the end of any year for which
ho was bound, the husband shall have]
tho right to return to, or rccoivo back,
his wife, and thereupon snail be discharged
?upon condition of his afterwards main
itaihing his wife and children. A like
right a wife shall have, at the end of a
year for which she was bound, on condi?
tion of her making futnro oxortions to
maintain her family.
XI. "Whenever a husband shall bo con- ;
victed of having abandoned or turned
/away his wife, she shall bo competent to
make a contract for service ; and until he
shall return to her or receive her back,
sho shall have all the rights, and be sub?
ject to all the liabilities of an unmarried
jvoman, except tho right to .contract mar?
riage. When either husband or wife has
abandoned the other in any District, and
that other remains there, if upon the war?
rant or summons against the one charged
or misdemeanor under the section next
preceding, thero 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 tho accused
bad been arrosted, and upon conviction,
all the other . consequences shall follow,
except punishment, and that shall be re?
served until the accused may be brought
jnto Court, whon an opportunity shall be
given for disproving the truth of the re?
turn and setting aside tho conviction.
parent and child. j
XII. The relation of parent and child, i
amongst persons of color, is recognized,
confers a? the rights and remedies, civil
and criminal, and imposes all the duties,
that are incident thereto by law, unless
the same aro modified by this Act, or
some legislation connected herewith.
XIII. Tho father shall support and
maintain his children, under fifteen years
of age, whether they be born of ono of
his reputod wives or any other woman.
XIV. The relation of Guardian and
Ward, as it now exists in this State, with
all the rights and duties incident thereto,
is extended to persons of color, with the
modifications made by this Act.
XV. A child, over the age of two years,
born ot a colored parent, may be bound
by the father, if he be living in tho Dis?
trict, or in caso of his death or absence
from tho district, by the mother, as an
apprentice, to any respectable white or
colored person, who is competent to raako
a contract?a male until he shall attain
tho ago of twenty-one years, and a female
until she shall attain tho ago of eighteen
? XVI. LUegi?mate children, within the
ages above specified, may bo bound by
the mother.
XVII. Colored children, between the
ages mentioned, who have neither father
nor mother living in the District in which
they are found, or whose parents aro pau?
pers, or unable to afford to thorn main?
tenance, or whose paronts aro not teach?
ing them habits of industry and honesty,
or are persons of notoriously bad charac?
ter, or aro vagrants, or have been, oither
of them, convicted of au infamous offence,
may bo bound as apprentices by the Dis?
trict Jrdge, or ono of the Magistrates,
for the aforesaid term.
XVII. Males," of the age of twelve, and
females, of tho ago of ten years, shall
sign the indenture of apprenticeship and
i'O bound thereby. .
XIX. AYlien tho apprentice is under
these ages, and in all cases of compulsory
apprenticeship, whore tho infant refuses
assent, his signature shall not bo neces?
sary to tho validity of the apprentice?
ship, in all cases of compulsory appren?
ticeship, where the father or mother does
not bind a child, shall be executed in tho
presenco of the District Judge, or one of
the Magistrates, certified by him, and filed
in the office of the Clerk of tho District.
XX The indenture of voluntary ap?
prenticeship shall be under seal, and be
signed by tho masler, the parent and the
apprentice, attested by two credible wii
nesses, and approved, by tho District
Judge or ono of tho Magistrates.
XXI. All instruments of apprenticeship
shall be executed in duplicate, ono of
which shall be retained by the master,
and the other filed in the office of the
Clerk of the District Court. For the ap?
proval of an instrument of apprentice?
ship, thus executed in duplicate, tho mas?
ter shall pay an aid of three dollars to the
Magistrate, or District Judge, as the caso
may bo.
XXII. Tho master or mistress shall
teach tho apprentice the business of hus?
bandry, or some othor useful trade or bu?
siness, which shall be specified in the in?
strument of apprenticeship ; shall furnish
him wholesome food and suitable clothing;
teach him habi ts of industry, honesty and
morality;.govern and treat him with hu?
manity; and if there bo a school within a
convenient distance, in which colored
children are taught, shall send him to
school at least six weeks in every year
of his apprenticeship, after-ho shall be of
the ago of ten years: Provided, That the
teacher of such school shall have the li?
cense of the District Judge to establish
tho same.
XXIII. Tho master shall have author?
ity to inflict moderate chastisement and
impose reasonable restraints upon his ap?
prentice, and to rccaptuvo him if ho de?
part from his service.
XXIV. The master shall receive to his
own use tho profits of the labor of his
apprentice. Tho relation of master and
apprentice shall be dissolved by the death
of themaster, except where the prentice
is-cngnged jn his husbandry, and may bo
dissolved by order of tho District Judge,
when both parties consent, or it shall ap?
pear to bo seriously detrimental to either
party. In the excepted case, it shall ter?
minate at the end of the year in which
the master died.
XXV. In cases of habitual violence or
neglect of the duties herein Imposed on
tho master, and whencvor the apprentice
is in danger of moral contamination by
tho vicious conduct of tho master, the re?
lation of master and apprentice may bo
dissolved by the order of the District
Judge. And any person shall have tho
right to complain to the District Judge,
that tho master docs not exercise proper
discipline over tho apprentice, to the in?
jury x>f his neighbor; and if upon inves-j
tigation, it shall be so found the late con?
tract between the parties shall bo dis?
XXVI. In cases of'alleged violation or
of miscondnet on the part of the master
or apprentice, either party may make
complaint to a Magistrate, who shall
summon tho parties before him, inquire
into the causo of complaint, and mako
such order as shall be meet, not extend?
ing to the dissolution of the relation of
tho parties ; and if the master bo found
to bo in fault, ho shall be fined not excee?
ding twenty dollars and costs; and if tho
apprentice bo in default, he may bo cor?
rected in such manner as tho Magistrate
shall order/1 A frivolous complaint mado
by either party shall be ragarded as a de?
fault. ? ?
XXVII. In cases in which the District
Judge shall order the apprentice to be
discharged for immoderate correction, or
unlawful restraint of tho apprentice, the
master shall be liable to indictment, and
on conviction, to fine and imprisonment
at tho discretion of tho Court, not excee?
ding a fine of fifty dollars, and imprison?
ment of thirty days, and also to an action
for damages by the apprentice.
XXVIII. All orders made by a Mag?
istrate, touching the relation of master
and apprentice shall be filed in tho offico
of the Clerk of the District'Court.
XXIX. A mechanic, artisan or shop?
keeper, or other person, who is required
to have a license shall not receive any
colored apprentice without having ob?
tained such license.
XXX. At the expiration of. his term of
service the apprentice shall have tho right
to recover from his master a sum not ex?
ceeding sixty dollars.
XXXI. To an approntico shall apply
tho provisions hereinafter made for a ser?
vant under contract, so far as respects
tho regulations of labor, the duties of tho
servant, tho rights of tho master as to
third porsons, and the rights of servants
as to third porsons, except, that to an ap?
prontico tho master shall bo bound to fur?
nish necessary medicine and modical as?
XXXII. In all indentures or obliga?
tions of apprenticeship, tho regulations
herein prescribed, shrll bo considered
XXXUI. Form of indenture to be used in
cases of voluntary apprenticeship, where the
apprentice is bound by father or mother :
(to be in duplicate.) I (fathor or mother,!
as the case may bo,) of (namo of child,) \
my child of the age of years, do here- i
by bind said child to (name -6? master,)
to learn tho (hero insert the trade of bu
business,) and I (name of master)
agree to rcceivo the said child as my ap?
prentice. In witness whereof, we (the
master, father or mother, as the case may
be, and child, if over the prescribed ago)
have subscribed our names and put our
soals, this day of 186 . -
A. B. [L. S.] ?
CD. [L.S.]
E. F. [L.-S.] ?
Signed and sealed in tho presonco of
g. u. :
L. K.
I approve tho above indenture of ap?
prenticeship this day of
M. N., (Judge of the District
Court, or Magistrate.)
XXXIV. Form of Obligation of Ap?
prenticeship, taken by JJie District Judgo
or Magistrate, to be used in all cases of
compulsory apprenticeship; and in all
cases, where neither father or mother
binds tho child, (to bo in duplicate.)
I (namo of mastor) agree to receive
(name of apprentice) to learn the (insert
the trade or business;) and I bind my?
self to perform all my duties as such mas?
ter. In witness whereof (the master and
apprentice, if over tho prescribed age,
who consents to be bound, otherwise only
tho master,) ha subscribed
name and put seal this day of
186 A. B. [L. S.]
Signed and sealed in tho preaenco of
C. D. [L. S.]
E. F., (District Judge or Magistrate.)
I approve and certify tho abovo obliga?
tion of apprenticeship, this day of
E. F.. Judge of the District
Court or Magistrate.)
xxxv. All persons of color who make
.contracts for service or labor, shall bo
known as servants, and those with whom
they contract, shall be known as masters.
xxxyi. Contracts between masters and
servants, for one month or more, shall be
in writing, be attested by ono white wit
ness, and be approved by tho Judgo of
the District Court, or by a Magistrate
xxxvii. Tho period of servieo shall be
expressed in the contract; but if it bo
not expressed, it shall bo until the twen?
ty-filth day of December next, after t-ho j
commencement of the service.
xxxvni. If tho rate of wages bo not
stipulated by the parties to the contract,
it shall be fixed by the District Judge or
a Magistrate, on application by ono of tho
parties, and notico to tho other.
XXXIX. A person of color, who has
no parent living in the District, and is
ton yoars of age, and is not -th appren?
tice, may make a valid contractor labor
or service for ono year or less.
XL, Contracts between master and
sorvants may be sot asldo for fraud or un?
fairness, notwithstanding they have boon
XLI. "Written contracts between mas?
ters and servants, shall be presented for
approval, within twenty days after their
XLII. Contracts for one month or
more, shall not bo binding on the servant
unless they are in writing, and have boon
presented for approval within tho timo
XLIII. For any negloct of tho duty
to make a contract as herein directed, or
the evasion of that duty by tho repeated
employment of the same persons for pe?
riods less than one month, tho party of?
fending shall be guilty of a misdemeanor,
and be liable on conviction to pay a sum
not exceoding fifty dollars, and not less
than five dollars, for each person so cm
ployed. No written contract shall be re?
quired when tho servant voluntarily re?
ceives no remuneration, except food and
XLIY. For the approval of contracts,
the following sums, to bo called aids, shall
be paid to tho District Judge or the Mag?
istrate, as the case may bo, in cash, when
the contract is approved, provided no aid
shall be paid fovany servant under twelve
years of age:
For a contract for ono month or
loss, for each servant, ?0 25
For a contract not exceeding three
monthsand more than ono month,
for each servant, 0 50
For a contract not exceeding six
months and more than three
months, for each servant, 0 75
For a contract for one yoar, or any
time more than six months, for
each servant, 1 00
For a contract for more than ono
year, for each year or part of a
I year over one year, for each ser?
vant, 1 00
One half of which aids shall bo paid by
tho master, and ono half by tho servant.
XLV. On farms or in out-door service,
the hours of labor, except ou Sunday,
shall be from sun-rise to sun-sst, with a
reasonable interval for breakfast and din?
ner. Servants shall rise a.t the dawn in
the morning, feed, w-ator and caro for tho
animals on the farm, do the usual and
needful work about the premises, prepare
their meals, for tho day, if required by
tho master, and begin tho farm work or
other ? work by sun-rise. Tho servant
shall be careful of all the animals and
property of his master, and especially cf
tho .animals and implements used by him,
shall protect the same from injury by
other persons, and shall be answcrablo
for all proporty lost, destroyed or injured
by his negligencOj dishonesty, or bad faith.
XL VI. All lost timo, not caused by tho
act of tho master, and all losses occasion?
ed by neglect of the dutios herciubeforo
prescribed, may bo deducted from the
wages of tho servant; and food, nursing
and otherneccssariesforthe servant/whilst
he is absent from work on account of
sickness or other causo, may also bo de?
ducted from his wages. Servants shall
be quiet and orderly in their quarters, at
their work, and on tho premises; shall
extinguish their lights and fires, and re?
tire to rest at seasonablo hours. Work
at night, and out-door work in inclement
weather, shall not be exacted unless in caso
case of necessity. Servants shall be kept
at home on Sunday unless to tako caro
of tho premises, or animals thereupon, or
for work of daily necessity, or on unusu?
al occasions; and in such cases only so
many shall be kept at home as are neces?
sary for these purposes. Sunday work
shall be done by the servants in turn, ex?
cept in cases of sickness or other disa?
bility, when it may be assigned to them
out of their regular term. Absentees on
Sunday shall return to their homes by
XLVII. The master may givo to a
servant a task at work about the business
of the farm, which shall be reasonable.
If the servant complain of the task, the
District Judge, or a Magistrate, shall
have power to reduco or increase it.
Failuro to do a task shall bo doomed evi?
dence of indolence, but a single failuro
shall not bo conclusive. When a servant
is entering into a contract, ho may be re?
quired to rato himself as a full hand,
I throe-fourths, half, or one-fourth hand,
[ and according to this rate, inserted .in the
contract, shall bo tho task, and of courso
tho "wages.
XLVIII. Visitors or other persons
shall not bo invited or allowed by tho
sorvant, to come or remain upon the
premises of tho mastor, without his ex?
press permission.
XLTX. Servants shell not bo absent
from tho premises without the permission
of tho master.
L. "When tho servant shall depart
from tho service of his mastor without
good cause, he shall forfeit tho wages duo
to him. The servant shall obey all law?
ful ordors of tho mastor or his agent,
and shall bo honeyt, truthful, sober, civil
and diligent in business. The master
may moderately correct servants who
havo made contracts, and are under
eighteen years of age. He shall not bo
liable to pay for any additional or extra?
ordinary services or labor of his servant,
tho samo being necessary, unless by his
express agreement.
LI. The master may discharge his ser?
vant for wilful disobedience of the lawful
ordor of himself or his agent; habitual
ncgligcnco or indolence in business;
drunkenness, moral or legal misconduct;
want of respect and civility to himself,
bis family, guests or agents; or for pro?
longed absenco from tho premises, or ab?
sence on two or moro occasions without
permission. /
LII. For any acts or things herein de?
clared to be causes for the dischargo of a
servant, or for any breach of contract or
duty by him, instead of discharging tho
servant, tho master may complain to the
District Judgo or ono of tho Magistrates,
who shall have power, on being satisfied
of tho misconduct complained of, to in?
flict, ?r cause to bo inflicted, on tho ser?
vant suitable corporeal punishment, or
impose upon him such pecuniary fine as
may bo thought fit, and immediately re?
mand him to his work; which fino shall
bo deducted from his wagos, if not other?
wise paid. r
LIII. If a master has made a valid
contract with a servant, the District
Judgo or a Magistrate, may compel such
servant to observe his contract, by order?
ing infliction of the punishment, or impo?
sition of the fine hereinbefore authorized.
LIV. Tho master shall not bo liable
for the voluntary trespasses, torts or mis?
demeanors of his servants. IIo shall not
be liable for any contract of his servant,
unless made by his authority; nor for the
acts of tho servant, unless thoy shall be
done within tho scopo of tho authority
entrusted to him by the mastor, or in the
course of his employment for tho master;
in which excepted cases tho master shall
bo answorablo for tho fraud, negligence
or want of skill of his servant. The
master's right of self-defonce shall em?
brace his servant.. It shall be his duty
to protect his servant from violoncc by
others, in his presence, and ho may ren?
der iiim aid and assistance in obtaining
redress for injury to his rights of person
or property.
LV. Any porson who shall deprive a
master of the service of his sorvant, by
enticing him away, or by harboring and
detaining him, knowing him to be a ser?
vant, or by boating, confining, disabling,
or otherwise injuring him, shall bo liable,
on conviction thereof, to a fino not ex?
ceeding two hundred dollars, and not less
than twenty dollars, and to imprison?
ment or hard labor, at the discretion of
the Court, not exceeding sixty days; and,
also, to an action by tho master to recov?
er damages for loss of services.
LVI. The master may command his
servant to aid him for the dofenco of his
own person, family, promises, property;
or of the person or property of any ser?
vant on the promises of the master;- and
it shall be the duty of tho servant prompt?
ly to oiey such command.
LVII. The master shall not be bound
to furnish medicine or medical assistance
for his servant, without his express en?
LVIII. A master may givo the char?
acter of ono who has been in his service
to a person who may make inquiry of
I him ; which shall be a privileged cemrau
! nication, unless it bo falsely and maii
j ciously given. And no servant shall
; havo power to mako a new contract,
without the production of the dischargo
I of his former master, District Judge or
' Magistrates.
LLX Any person who shall wilfully
misrepresent the character of a servant,
whether he has been in his service or
not, either for moral qualifications or for
skill or experience in any employment or
service, shall bo liable to an action for
damages by any one who has been ag?
grieved thereby.
LX. TJp?n the conviction of any mas?
ter of larceny or felony, the District
Judge shall have the right, upon the de
maud of any white freeholder to annul
the contract between such convict and
his colored servants. It any white free
holder shall complain to tho District
Judge that-any muster so-manages and
controls his colored servant? as to make
them a nuisance to the neighborhood, tho
Judge shall ordor an issue to^o mado up
and tried before a Jury, and if such issue
is found in favor of tho complainant, the
District Judge shall annul tho contract
botween such master and his colored sor.
vant or servants, and in each of the ca?
ses abovo provided for, ho shall not ap?
prove any subsequent contract between
such person and any colored servant for
two years thereafter.
rights OF servant as BETWEEN HIMSELF
and master.
LAfl. The servant may depart from tho
master's service for an insufficient supply
of wholesome food; for an unauthorized
battery upon his own perspu, or ono of
his family, not committed in defence of
tho person, family, guests or agents of tho
master, nor to prevent a crime or aggra?
vated misdemeanor; invasion by the
master of thc'conjugal rights of "the ser?
vant; or his failuro to pay wages when
due; and may recover wages due for
services rendered to tho time of his depar?
LXII. The* contract for service shall
not bo terminated by tho death of tho
master, without tho assent of the servant.
Wages due to white laborers and to white
and colored servants, shall rank as rent
does in case of the insufficiency of tho
master's property to pay. all debts and
demands against him, but not more than
ono year's wages shall be so preferred.-?
When wrongfully discharged from service,
tho servant may recover wages for the
whole 2>eriod of service according to the
contract. If his wages have not been
paid to tho day of his discharge,' he may
regard his" contract rescinded by the disi
charge, and recover wages up to that
LXTLI. The master shall receive into
his .employment the servant with whom,
ho has made a contract, but any of the
causes which may justify him in discharg?
ing a servant, shall justify him in refusing
to receive him.
lxiv. The master shall, upon tho dis?
charge, or at the expiration of his term of
service, furnish the servant with' a certifi?
cate of discharge, and at the request of
tho servant, give him a certificate of
mutual RIOnT of master and servant.
lxv. Whenever a m?ste? discharges a
sorvant, the servant may make immediate
complaint to a District Judge, or Magis?
trate, and whenever a servant departs
from his master's service; the mastermay
make like complaint. In either case, the
District Judge, or Magistrate, shall by
summons or warrant, have the parties
brought before him, hear them and their
witnesses, and decide as to tho sufficiency
of tho cause of his discharge or departure.
This decision shall not affect or prejudice
any further action on either side, but it
may avail to restore the relation of mastor .
and servant between tho parties if that bo
ordered. If the servant be decided to havo
been unlawfully discharged, and should do- ?
sire to return to service under his contract,
tho master shall*be compollcd to receive
him; under tho penalty of twenty dollars
in caso of his refusal. If tho master'do
sire the return of a servant, who has been
decided to havo departed without suffi?
cient cause, tho servant may bo eompeiled,
by fine and corporal punishment, to re?
turn to the service of the master, und
perform his duties under tho contract.
rights of servants as to third PERSONS.
lxvi. The servant shall not be liable
for contracts mado by the express author?
ity of his master.
lxvii. A servant shall not bo liable,
civilly or criuiinally, for any act done by
the command of his master in defence of
the master's person, family, gucBts, agents,
servant, premises or property. He shall
not be liable in an action ex delicto, for
any tort-committed on the premises of
tho master by his express command.
nOUSE servants, and OTHERS NOT IN
ixvrii. The rules and regulations pre?
scribed for master and servant, apply to
porsons in service as household servants,
conferring tho same rights, and imposing
tho same duties, with the following mod?
ifications :
lxix. Servants and apprentices' em?
ployed as house servants in" the yarions
dutios of the household, and in all the
domestic duties of the family, ^hall at all
hours of. the day and night, and all days ?
of tho week, promptly answer all calls
and obey and, execute all lawful orders
and commands of the family in whose
service they are employed.
(Concluded on Fovrth Page.)

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