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BY ?BBISOE, SEES? 4 to. EDG-EFIELD, S. G., F?BMJAEY 28, 1866. " ^ v?T nu* 9. "_' _:___ ^ _;_:_'_:_:_?_ THE CODE. Paned by the Legislature of Sout> Carolina on 20th Dee. 1865. AN ACT .PRELIMINARY TO TUE LEGISI/T0* INDUCED BT TUE EMANCIPATION OF S^T Whereas, The Convention of thia Sate, by tho Constitution lately ratified, did recognize the emancipation of Blares, and dejare that " neither slavery ?or involuntary ^ervitudo, except as a puurahment for crime shall CT er be re-established in this Stata,"?nd did di rect that, for each D'utnet in tb? State, there should be established an Infer j/r Court, to be styled " the District Coart, wfich Courtsball haTe jurisdiction of all cm! causes wherein one or both of the parties a* perJons of col or, and of all criminal ciases wherein the accused is a person of cob*." Therefore, Be it enacted by the Striate and House of Representatives, now tn/ and silting in Gen eral Assembly, and bf thc authority of the same, T>at this Act joall be preliminary to "Au Act to establisb>nd reg?late the domes tic relations of peTsiOS of color, and to amend the law in relation^ paupers, vagrancy and . bastardy ;" and as Act to establish District Courts, and an ' Act to amend the criminal which A?? hare been induced by the Constitution aforesaid ; and that in reference ld these Acts the following provisions shall obtain : SEC. II. TTorda importing the singular number onfT ?ball be construed to apply to several persons or things as well as one per eon or thing,-and every word importing the masculins gender only, shall be construed to extend Ja a female as well as a male, where the context does not forbid such construction. /Ssc, III. AU free negroes, mulattoes and uiesuVoeg, all freedmen and freedwomen, and all descendants through either sex of any of these persons, shall be known as persons of color, except that every such descendant, who may have of Caucasian blood sn en-eighths or more, shall be deemed a white person. Bxa. IV. The statutes and regahtious con cerning ala re? are DOW inapplicable to persons of color; and although such perseus are not entitled to social or political equality with vrhite persons, they shall have tie right to acquire, own and dispose of property ; to make contracts ; to enjoy the fruits of their labor { to sue and be sued ; and to receive, protection nader the law in their p jrsons and property. Ste. V. All rights and remedies respecting persons and property, and all duties and lia bilities under laws, civil and criminal, which . &Ppl.v t0 white persons, are extended to per idot of ?olor, subject to the modifications made by this Act and the other Ac Ls herein before mentioned, In the Senate llonse, the twentieth day of December, in the year of oqr Lord, one thousand eight hundred and sixty-five. W. D. POKIER, President of the Senate. C. ll. SIMON TON, Speaker of the House of Representatives. AN ACT TO ESTABLISH AND REGULATE THE DOMESTIC RELATIONS or PERSONSOF COLOR, AND TO AMEND TUE LAW IN RELATION TO PAUPERS AND VAGRANCT. Be ii enacted by the Senate and House of Jfepreicniaiivcs, now met and sitting in Gen eral Asseinbjjiu tt'td by the authority of the earns, as follows : HUSBAND AND WIVE. f. The relation of husband and wife amongst persons of color is established. Jil. Those who now live as such, are dc dared to be husband aud wife. III. In case of one man having two or Wore reputed wives, or one woman two pr ' more reputed husbands, the man shall, by the I first of April next, seltct one^pf his reputed 1 wives, or the woman ena of her reputed hus- 1 bands ; and the ceremony of marriage, be- j tween this mao or woman, and the person so selected, shall be performed. I IV. Every colored child, heretofore horn, ( issdeclared to be the legitimate child of his ' mother, and'also of his colored father, if he ( is acknowledged by such a father. V. Persons of color, desirous hereafter to i become husband and wife, should have the i contract of marriage duly solemnized. < VI. A clergyman, the District Judge, a 1 . Magistrate, or any judicial officer, may solem- i 'ci?o marriages. - 1 j VII. Cohabitation, with reputation, or rc- ] cognition Of the parties, shall be evidence of I 1 marriage, in cases criminal and civil. < VIII. Ono who is a pauper, or a chargo to 1 the' public, shall not be competent to contract i marriage. Marriage between a white person < and a person of color, shall be illegal and i Woid. V IX. The marriage of an apprentice shall < Dipt) 'Without (he consent of the master, be IftWuJ. i IX. A husband shall not, fop any cause, : allandon op tum away his wife, nor a wife .< har husband. Either ef them that abandons j jpr turns away tao other, may be prosecuted . iojr a misdemeanor; and upon conviction tkereofr before a District Judge, may be ?nished by fine and corporal*punishment, j ul y apportioned to the circumstances of ag < gre vat ion or mitigation. A husband not i disabled, who has been thus convicted of i "T&T?Lg abandpned or turned away his wife, qr who has shown to fail ia maintaining his wife and children, may be bouud tc service , by th? District Jud.?6 from year to year, and {o rauch of the profits of bis labT, as may , te ro?U\site, be applied to tho maintenance of his wife and children ; the distribution be tween thero being made according to their respective merits and necessities. In like , manner, a vife not disabled, who has been , thus convicted, may be bound, and the pro ceeds, of her lob.jr applied to the maintenance , of her childftn. In either case, any surplus , profit shall goto the person bound. At the , end of any year for which be was boc nd, the hnsband snail luve the right to return to, or , receive back, his wife, and thereupon shall be discharged upon ?ondition of his afterwards maintaining bis w>'fe and children. A like ; right a wife shall b*ve, at the end of a year for which she was bound, on condition of her , making future excitions to maiutain her family. j Xl.' Whenever a husband shall be convict ed of having abandoned oi turned away hf!i ? wife, she shall-bo competen1, to make a'con- j tract for service ; and until he shall return , to her or receive her back, sb? shall have all , thc rights, and be subject to st? the liabilities , of aa unmarried wowan, except the right to , contract marriage. When either husband or | wife hfcs abandoned the other in auy District, , and tpat other remains there, it upon the warrant or summons against u?e one charged of misdemeanor nader, the, season ne.it pre- rj ceding, there be a return by\a Sheriff or 1 Constable, under oath, that the \ccused bas I left the District or absconds, so Vbat there ' canncTbe personal service, the prosecution ! may proceed as if tho accused had. b' cn ar rested,, and upon conviction, all (he other ' consequences shall follow, except punish aient, and that shall be reserved until the I?cused 1 may b? brought into Court, when aa ippor- ? tunity.^baU be given for disprov?Dg.th<s *utb.. ' of tbe-Teturn ead setting aside the oonvicfcon, ! PARENT AND CUILS. XflTTue relation of parent and chill amoiig*fc,p?r?0B?.of color, is recognized, cof fers a!j the ?ghta and remedies, ci vii arr] crimit*), and imposes al! the duties, that ar; incident thereto by law, unless the si we ?rv. modified by this Act, or some legislation connected herewith. Xllt Tbe'itfber shall anjrport and malo m W*9m *** years tfwtf 'whether they be born of one of his repu wives or of any ether woman. 0TARDUN AND WARDS. XIV. The relation of Guardian and W? as it now exists in this State, with all rights and duties incident thereto, is extern to persons of color, with the modifieati made by this Act. M?STK? AND APPRENTICE. XV. A child, over tho age of ?wo yes born of a colored parent, may bo bound the father, if be be living in tho District, in case of his death or absence from the I trie, by the mother., as an apprentice, to t respectable white or colored person, whe comp?tent to make a contract-a male ut he shall attain the age of twenty-one yes and a female until she shall attain the s of eighteen years. XVI. Illegitimate children, within the a; above specified, may be bound by the moth XVII. Colored children, between the a? mentioned, who have neither father i mother living in the District in which th aro found, or whose parents are paupers, unable to afford to them ma:utetj?nce, whose parents aro not teaching thc-m bab of industry nnd honesty, or are persons notoriously bad character, or are vagrants, have been, either of them, couvicted of ? infamous offence, may bo bound as appren ces by the District Judge, or one of the Ma ?strates for the aforesaid term. XVIII. Males, of the age of twelve yea; and femalwyof the age of ten years, sin sign the indenture of apprenticeship and 1 bound thereby. XIX. Wheu the apprentice is under the ages, and in all cases of compulsory appro ticeship, where tbe infaut refuses assent, li signature shall not be necessary to the valu ty of the apprenticeship. The master's o ligation of apprenticeship, in all cases of coi pulsory apprenticeship, and case.-- where tl father or mother does not bind a child, slit be executed in tbe presence of the Distri Jadge, or one of the Magistrates, certified 1 him, and filed in the ellice of the Clerk thc District Court. XX. Tho indeuture of voluntary apprei ticesbip shall be under seal, and bc signed 1 the master, the parent and the apprentie attested by two credible witnesses, and ai proved by the District Judge pr one of tl Magistrates. XXI. AU instruments of apprenticeshi Bhall be executed in duplicate, one of wbic shall be retained by the master and the oth< filed in tbe office of tbe Clerk of (he Distrii Court. For the approval of an inst ru mci of apprenticeship, thus executed itt duplicat the master shall pay an aid of three dubai to the Magistrate, or District Judge, as tb case may bc. XXII. The master or mistress shall teac the apprentice tbe business of husbandry, c some other useful trade or business, whit shall be specified in the instrument of sj. prentice?bip ; shall furnish him wholesotn food and suitable clothing ; teach him balnl of industry, honesty aud morality j g >ver a -.d treat him willi humanity ; and if t'ner be a school within a co nv cn. eut distance, i which colored childrtu are taught, shall sen bira to school nt least six weeks in ever year of his apprenticeship, af:er he fhall b af the agc of t<*n years: Prodded, That tb teacher of such school 6ball have the .?cen? y( the District Judge to establish thc s-ime XXIII. Thc master shall Larc authority ti nlji.ct moderate chastisement and impo i .cn sortable rent mint up->n hf?4U>pi?ntict>, ant lo recapture him if he depart lro:n his sc-r rice. XXIV. The iua?t-T shall re?oive to lil )Wn use *hc profit* of tho labor vi Iiis np jrentice. Tbe relation of mutter ind ap prentice shall Le dissolved by the d"alh ri he ma<t?r, except wh?ro. thc apprentice i.? sngaged in husbandry, and may be dissolvee JV order of thc District Judge, when bot! orties consent, or it shall appear to bc srri )usly detrimental to either p*rly. lu thr ?XCcpted case, it shill terminate at the end )f the year in whi'-h the master died. XXV. In crimes i-f tho habitual violation oi leglect of the duties herein imposed on the n as ter, and whenever the apprentice is in langer of noral contamination by the riotous conduct of the master, the relation ol master and apprentice may bc dissolved by the order of the District Judge. And any person shall have the right to complain to [he District Judge-, that tho master does not sxercise proper dticipiiucov?r his appientipe, to the injury of his' neighbor ; and if upon investigation, it shall bo so found, the late contract between the parties shall he dis solved. XXVI. In cases of alleged violation ol duty, or of misconduct on the part of the master sr apprentice, either party may make noniplaint to a Magistrate, who shall summon the panie? ppibre 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 be found to be in default, be shall bjs fined not exceedirg twenty dollars and costs ; :.nd if the apprentice be in default, be may be corrected in such manner a j the Magistrate shall order. A frivolous complaint made by either party shall be regarded as a default. XXVIII. In cases in which the District Judge shall order the apprentice to be dis charged for immoderate correction, or unlaw ful restraint of the apprentice, the master shall be liable to indictment, and, on convic tion, to flue and imprisonment, at the discre tion of tho Court, not exceeding a fine of fifty'dollars, and imprisonment of thirty day?, and also to an action for damages by tbe ap prentice. XXVII. All orders made by a Magistrate, touching the relation of master and appren tice, shall be filed in the office of the Clerk of the Distiict Court. XIX. A mechanic, art iran or shop keeper, >r other person, who ia required to have a license, shall not receive an}- colored appren tice without having first obtained such license. XXX. At the expiration of his term of service, the apprentice shall have the right to rocover from his niastor a sum not exceed ing sixty dollars. XXXI. Toan apprentice shall apply tho provisions hereinafter made for a servant un der contract, so far as respects the regulations of labor, tho duties of tho servant, the righi.* at the master a j to thirl persons, and the rights of servants as to third persons, except, that tc au apprentice Lise master shal! bo bound to furnish nocesiary medicine and medical assistance. XXXII. In all indentures or obligations of ^ppronticeahip, the regulations herein pre scribed, shall be considered stipulations. XXXIII. Form of indenture to be used in tases of voluntary apprenticeship, where the apprentice is bound by father or mother : (to be in duplicate.) I (father or mother, as the case may be,) of (h^mc-of. child) my .child of the age of years, do hereby lind said child to (name: of master) to leaen-the (here insert the trade or business,) and I (name of master) agree to receive the said child as ray:apprentice. . BB witness whereof, ire (the master, father or ??other, as the case may boy andichald/if byer tho prescribed" age)' have subscribed our names and put our seals, this day bf 18G . A.B. [L.S.] CD. [L.S.J ! : E. F. [US-} Signed and sea!e3 ?t .... \ ia. th? f*eseft?e vf?, i? .. G. a f ? I approve the above indenturo of appro: ticeship this day of 18 M. N. [Judge of the District Court, or Magistrate.) XXXIV. Form of Obligation of Appien ticeship, taken by the District Judge or Mar. istrate, to be used in all case? of corapulsor apprenticeship ; -and, in all cases, when neither father nor mother binds the child, (t be in duplicate.) I (name of muster) agree toreceive ("name o apprentice) as my apprentice to learn the (in sert the trade or business ;) and I bind mysel to perform all toy duties as such master. Ii witness whereof (the master and apprentice if over tho prescribed agc, who consents t< be bound, otherwise only the master,) ha subscribed name and pu seal this day o 186 A. ?. [L. S.] C. D. [L. S.] Signed and '.caled 1 io the presence of > E. F., ) (Dist) ici Judge or Magistrate.) I approve and certify the above obligatio: of apprenticeship, this day of 186 E. F., [Judge of the District Court, or Magistrate.) CONTRACTS FOR 8ERVICK. XXXV. All persons of color who maki contracts for ser fice or labor, shall be knowe as servants, and those with whom they con tract, shall be known as masters. XXXVI. Contracts between masters and servants, for one month or more, shall be in writiug, ba attested by ono white witness, and be approved by the Judge of the Dis trict Court, or by a Magistrate. XXXVII. Th? period of service shall be expressed in the contract; but if it be not expressed, it shall he until the twenty-fifth day of December.next, after the commence ment of the 8erv.ee. XXXVIII. Ii the rate of wages "be not stipulated by the parties to thc contract, it shail be fixed bj the District Judge or a Magistrate, ou application by one of the par ties, and notice tb the other. XXXIX. A person of color, who has no parent living: ip tue District, and] is ten years of age, and 13 nor. au apprentice, may make a valid contract for labor or service for one year or less. XL. Contracts between masters and ser vants may be set aside for fraud or unfairness notwithstauuing they have been approved. XLI. Writteu contracts between masters and scrvauts, shall bc presented for approval, within twenty days alter their execution. X^II. Contracts for one month or more, shall not bc binding on the servant, unless tbey are in writing, und have been presented for approval within the time aforesaid. XL1II. For as y neglect of the duty to make a -contract us herein directed, or the evasion of that duty hy tho reposted employ ment of the same persons for periods' leas than one month, the party offending shall Ire Uni)ty of a misdemeanor, aud bc liable on conviction to pay a sum not exceeding fifty dollars, and not less than fivo - dollars, for each person so employed. No written con tract shall be required, when the serrant voluntarily receives no renumeration, except foood and clothing. XLIV. For tho approval of contracts, thc following sums, Vi be called aid?, shall be paid to thc District Judge or the Magistrate, as -tbe-easg-may h ty in.?ashf_jvj?e.n the con tract i-? approved; [jtuyidbd po aid ih-x\\ be paid for any serrant Riidcf twelve years (,f a?je: Fur a contract fur one month br less, fur,ca'*li servant, 25 eta j for a contract nut exceeding throe mouths and more than one ntuoth, for fach errant, 50 ere; for a co?? tra?t not exceeding six months und more than th rec mouths, for each serrant, 7 a ct?; f r a contract for me } ear. or any time, more than six months, f r euch servant, ?1 ; for a contract for more I lian one year, for each year or pnrt of a y-ar over one year, for each strrant, !$1 ; one half of which aid? shall be paid by thc master, and one-half by the ser vant. REGULATION'S OF LABOR OX FARMS. XI.V. On fa' ms or in out-door service, thc hours of i.-tbor, except oa Sunday, shall bc from sun rise lo sen-set, with a reasonable interval for breakfast and dinner. Serrants shall rise at the dawn in thc morning, feed, water and care for th? animais on ihp farm, do the usual and needful work about the premises, prepare their moils for the day, if required by the master, and begin 1 tic farm work or other work by sun-rise.* The ser vant shall be careful of all thc animals and property of his master, ?nd especially of the animals and implements used by him, shall protect the same from injury hy other per sons, and shall be answerable for all properly lost, destroyed or injured by his negligence, dishonesty, or bad faith. XLVI. All lost time, not caused by the act of thc master, and all losses occasioned by neglect of the duties hereinbefore pre scribed, may bo deducted -from thc wages of the servant ; and food, nursing and other ne cessaries for the servant, whilst he is absent from work on uccount of sickness or other cause, inay?lso be deducted from his wages. Servants shall be quiet and orJ?rly in their quarters ut their work:, aqd cm tho premucf: shall extinguish their lights and fires, ana retire to rest at seasonable hours. Work at night, and out-door work ia inclement weath er, shall not be exacted unless in oase of ne cessity. Servants shall not be kept at home on Sunday, unless to take care of the prem ises, or animals thereupon, or for work of .dnily noces?ity, or on unusual occasions; and in such cases only so many shall be kept at home as are necessary for these purposes. Sunday work shall be d-?ne by the servants in turn, except in caees of sickness or other disability, when it. may bo assigned to them out of their regular term.. Absentees on Sunday shall return to their homes by sun set. XLVII. Thc master may giro to a servant a task at work about thc business of the farra, which shall be reasonable. If the ser vant complain of thc task,the District Jndgo, or a Magistrate, shall have power to reduce or increase it. Failure lo do a task, shall be deemed evidence of indolence, but a single failure allall not he conclusive. When a ser vant is entering into a contract, he maybe required to rate himself as a full hand, three fourths, half, or one fourth hand, and accor ding to this rate, inserted in the contract, shall bo the task, and of courso the wages, XLVI 11. Visitors or pthor persona shall not be invited Gr allowed by tho servant, to come or remai j upon the premises of the master, without his express permission. XL1X. Servants shall not be absent from the premisos without the permission of the master. . niOUTS OF MASTER AS BETWEEN HIMSELF ANO HIS SERVANT. , ' -L. When the servant shall depart from the service of tho master without good cause, he shall forfeit thawftgjes due to him. 'The ser vant shall obey all lawful ardors, of. the mat ter or his ?gent, and shaft be honest, truth ful, eobert.ciyil and diligent in: bis husiness. The master may modelately cdrrect servants wb'o have made cputroitsj Bnd are under, eighteen years bf age'. Lie sball. not. be lia-. ble to' pny'for any additional. or extraordina ry Kcr.yices.oF labor.Q.? his servant, the same; being'necessary, unless by his express agreer, nunn. ?. .-.-,:!.. j CA L'S Ed OT D13CUJJL0S OT A S Eli VA NT. " Cw. IJ; Ti? touter mj discharge bit svrrsst. for wilful disobedience of the lawful order o himself or his agent ; habitual negligence o indolence io business.; drunkenness, mora or legal misconduct ; want .of respect 'am civility to himself, bis family, guests o ag?nts ; or for prolonged absence from lb premises, or absence on two or more occa sions without permission. LIT. For any acts or t?in?a herein declar ed to be causes for the discbarge of aberrant or foi any breach 0/contract or duty by him instead of discharging the servant, the mas ter m ny complain to the District Judgo 0: one of the Magistrates, who shall have power : on being satisfied of the misconduct complain ed of, to inflict, Or cause to be inflicted, 01 tbe servant suitable corporal punishment, 01 impose upon him such pecuniary fine a* maj be thought fit, and immediately to remane bim to his work; which fine shall be deduc ted from his wages, if not otherwise paid. LUI. If a master has made a valid con tract with a servant,-the District Judge or a Magistrate, may compel such servant to ob serve his contract, by ordering infliction ol thc punishment, or imposition of the fine hereinbefore authorized. UIGIITS OP .MASTER AS TO TillUD PERSONS. LIV. The master shall not be liable foi the voluntary trespasses, torts or misdemean ors of his servants. He shall not be liable for any contract of his servant, unless made by his authority ; nor for the acts of the ser vant, unless they shall be done within the scope of the authority entrusted (0 him by tbe master, or in the courso of his employ ment for tbe master ; in which excepted cases tbe master shall be answerable for tbe fraud, negligence or want of skill of his servant. The master's right of self defence shall em brace bis servant. It shall be his duty to protect bis servant from violence, by others, in his presence, and be ru ay render him aid and assistance iq obtaining redress for injury to his rights of person or property. LV. Any person who shall deprive a;mas ter of the service of bis servant, by enticing bim away, or* by harboring and detaining bira, knowing him to be a servant, or by beating, confining, disabling or otherwise in juring him, shall be liable, on conviction thereof, to a fine not exceeding two hundred dollars, and not less tban twenty dollars, and to imprisonment or bard labor, at the discre tion of tbe Court, not exceeding sixty days; and, also, to au action by thc master to re cover damages for loss of services. LVI. The master may command bis ser vant to aid bira for the defence of his own person, family, premises or propel ty ; or of the person or property of an? servant on the, premises of thc muster : and it shall bo the duty of the servant promptly to oiey such, cqmnjang. LVii. The master shall not bo bound to furnish medicine or medical assistance for his serrant, without his express engagement. LVI II. A master may give the character of one who has been in his service to a per son who may maku inquiry of him; which shall bc a privileged communication, unless it be falsely and maliciously given. And no servant shall have puffer tu make a new con tract, without the production of thc discharge of bis former master" District Judge or. .Mag istrates. LIX Any person who shall wilfully mis represent the character of a servant, wheth er he has been in bis service or not, either for mora! qualities, or for skill or experience in any employment or service, shall be liable to au action for damages byitny oue wbo has i been aggrieved thereby. Upon the convictio.n.of any. masler of Urce ny or fp'ouy, thc District Judge ?hall have the- right, upon the demand of any White free-bold?*r, tu annul thu contract Lctwce-u such convict and bis colored servant*. If any white freeholder ?ball complain to the District Judge t|ii?l any master cu manages and controls his colored servants as to make them a nuisance to tee neighborhood, tae J J-ge shall oider an issue tobe litado np and tried before a Jury, ?nd-if'C?h issue is lound in ftvor cf the complainant, thc District Judge shay annul th? contract between such master anil bis colored servant or servants, and in each of the cases above provided for, he shall not approve any subsequent eony-.-.et between auch persou and any colored servant for two years thereafter. RIC HTS OF SCH VA KT XS BET WE KN' HIMSELF AND MASTER. LXI. Tbe servant may dopart from the master's service for an insufficient supply of wholesome food ; for an unauthorized buttery upon his ewn person, or one cf bis family, not committed in defence of thc person, fam ily, guests or agents of the m*ster, nor to prevent a crime or aggravated misdemeanor ; invasion by the masler of the conjugal rights of the servant; or his failure to pay wages when dqe- and may recover wages due ior services rendered to the time of bis depar ture. LXII. The contract for service shall not be terminated by thc death of the master, without thc assent of the servant. Wages due to white laborers and to white and col ored servants, shall rank as rent docs in case of the insufficiency of the 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 froiu, setiyipe, the servant may recover wages for the whole period of service according to the contract, if bis wages have not been paid to the day of bis discbarge, bo may re* gard his contract rescinded by tho discharge, and recover wages up to that time. LXIH.-The master shall receive into hi? employment the servant with whom he has mad? a contract, but any of the causes which may justify him in discharging a servant, shall justify him ia refusing to receive him. LXIV. The master shall, upon the dis charge, or at the expiration of bis term of service, furnish the servant with a certificate of discharge, andat the request of the servant, give biro a certificate of character. MUTUAL RIO HTS OF MASTS, M. ANO SERVAKT. LXV. Whenever 'a master discharges a servant,'thc servant may make immediato complaint to a District Judge, or Magistrate, and whenever a servant departs from bis master's service, tho master may make like complaint. In either can-, 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 the sufficiency of the causo of bia discharge or departure- This decision abai! not affect ' or pr?judice any furthey action on either side, but it may avail to restore the relation of master and servant between the parties, if that be ordered. If the servant be decided to have been unlawfully discharged, and. should desire to return to service nuder bis contnitct, thc master shall be compelled to receive him, under tho penalty of twenty dol lars, in cuso of his refusal. If tbe master de sire the return of a servant, who has been' decided to have departed without sufficient cause, tho servant may be compelled, hy fine and corporal punishment, to return to tho ser vice of the master, and perform bis duties ander the contract. RIGHTS OK SERVANTS A3 TO.. TM RI) r-KItSONS. LXVI. The servant shall not bc liable f?r ? contracts made by the express- authority of bis master. . . .. <?: .... ' . : LXV II. A servant shall notbo liable, civ illy or criminally; for any : act dono by tho .command of his master, in defence of the: master's person, family,!, goests, agents,, .son-? .V?'r?t. premises Or property. ..Ho shall nts* be-; ; "liable,, in att-actban-?z delicio, for-'any'-tortri; committed en tho eternises .of . tie master by fi ?IOUS E SERVANTS A KO OTHEI?S NOT IN HTTSBAN* . 3fr * . i . . *_ ' . . " - . - " . .?? . DRY. .-LX.Y"lt?. The rules and r?gul?t iona pre scribed ipr master and Pervant, apply to per sons in service, aa household Servants, con Terrina tho ?ame rights- and imposing thc samp du-tiea,-with thc following modifica tions :?' ; . , . , . ... . LX3X. Serrants and apprentices empjoy cd as bouse serran?a In t?e various duties ol the household, and in all the domestic duties of tbeflamily, shall, at all hours of the day emd-nfgbt, and all day? of the week, prompt ly answer ail calls and obey and execute' all lawful orders and commands of the family ia whose servies they arc employed: L.XX- It ja the duty of this class of ser vants tb be especially civil and polite to. their masters, their families and guests, and they shall receive gentle and kind treatment. . : FOR ALL SERVANTS. LXXL In all contracts between master and servant for seryico, the foregoing regu lation^ shall be stipulations, unlesB it shall bc otherwise provided in the contract, and the'foTlOwing form shall be a sufficient con tract,; Unless some special agreement bo made between tho parties: Form of Contract. I (narbo pf servant) do hereby agree with (narrie bf master) to bc bis (here insert the words"** household sonaut" or "servant in husbandry," as the case may be,) from' the date hereof, at the wages of (bord insert the wages, to be paid by the year or month ;) and .in consideration thereof I (name of mas ter) ?grec to receive thc said (name of ser vautras such servant, and to pay bim- thc said:wages', this. day of 186 A-B, . ' ' .; . 0. I). Witness, E. P. I ?approve thc ??ove contract this day of - J ' 186 ?y H., {Judye of the District . Court, or Magistrate.) After the words " s?rvant in husbandry" majr be inserted, if it be required, fte-word? "to'bo rated an full hand, three-fourth" h .nd, half band, or one fourth hand,'! as tbe case- may be. 9 ar?cHiNics, ARTISANS AXD BHOP-KEEPERS. LXX I. No p. rson of color shall pursue or practice the art, -trade or business of an arti san, mechanic or shop-keeper, or any other tracie, employment or buainess (besides that of husbandry, or that.of a servant under a contract for services or labor) on his own nccount and fdr his own benefit, or in part nership with a white person, or as ag?nt or servant, of $ny peraon, until be shall have ob tained a liceu*e therefor from the Judge of the'District Court-which license shall be pood for one year only. Tbi* licence the Judge may gr?nt upon petition of the appli cant, and up ni being satisfied of bis skill and fitness, and of h:s good moral cbaraoter, and upon paymen^. by the applie-cnt, to the Clerk af the District Court of one hundred dollar?, if a shop-ket-ptr or podlar, to be paid annu ally, and fen dollars, if a mecbar.ic artisan, sr to engage in any othfir trade, also to be rSaid annuully: Provided hoverer, That upon complaint bring made and proved to tho Dis trict Judge of an abuse of such licence, he shall revoke the fame, and : Provided, also, That no perron of color ahall practico any orcchauical art or trade, unless bo shows that hr. has served an apprenticeship in such trade pf art, or is no?; practicir.j such trade or ?"l,XXUL For violation of thu prohib?'ion coTTraiaed'rrr t!.e ?oclion- nryt.-pr4>ccrij:ig,.th?-< jtFoiider, upon Conviction tueruot b> forr ihr'' judge of the DUtrict Court, shall* pay; fer .adi ofi'snce, a fine of double the amount of >uch liceiua ; one-half whereof >hal go tl-.c in for mer, wli<> hbaii ? u eoinpeiont witneM. LXX IV. The ^unis paid tu thc Ch rk for Lh'eVe licenser shall bo aida, and go i itu the District Court fund 5 and the CU-rk shall kerp i record of all licenses issued under the or 1er of the Judgu ol' thc District Court. EVICTION* or PERONS cr COLOR. LXXV. Whore, upon any fara- or lands ihero now are persons ol' color, who we.e formerly tbe slaves of the owner, lessee or iccupar.t of the said farm or land1, who may li&ve been there on the trnth day of Novem >>er, c'ghtcen h M nd rfd "."d sis-y-five, and have her-ii Oil said lands f?r six months pre vious ; and who arc helpless, either from old \%c, infancy, disease or other cause ; and who ire unable, of themselves, and have no parent 3r other relation able lu maintain them, and to provide other homes or quarters, it shall [?ot be lawful for the present, or any suba* |uuuc owner, lessee or occupant, before the irat day of Jauuary, iu the year eighteen aundred and cixtyjitven, lo evict or drive rom the liousrs which now are, or hereafter ?hall be, lawfully occupied by such helpless persons of color, such helpless persons, or my of them, by rendering such houses un'ui aabitable, or by any other means ; and upon jonvictiou of having done so, ev<-ry such jwner, lessee, occupant, agent or other per ro?, shall bc fined not exceeding fifty dollin?, j 3or less than five dollars, for each nu,oh per- ? ion of color so cyictej, u?d may be impris oned, t\t the discretion of the Judge of tho District Court, not exceeding one month. LXXVI. But the owner, lesxeo, or oecu jant of such farm or lands shall, nevertheless, lave authority to preservo order and good ..onduot. io the houses so occupied as afore ?aid, and to prevent visitors and other per sons from sojourning therein ; and fur inso ,ence to himself or his family, for theft or Tespass committed by such persons of color, ir any one of them, upon the premise*, or br violations by them of his regulations for the pre?ervation of order and good conduct, the prevention of visitors and sojourner* therein, the owner, lessee, or occupant, may -omplain to the Judge of tho District Court, ir a Magistrate, who, upon finding the com plaint well founded, maj', according to the ;ase, cause the immediate eviction of some jr all of such persons of color, and their re moval from thc premises. After tho period, iforosaid, they may bo ejected, as is herein ifter provid. d in case of intruders. LXXVU. It ?ball be the duty of thc Judge jf thc District Oonrt, or any Magistrate, on :omplaint made to bini that persons of color' liave intruded into any htuse- or upon any prcmiioa, as trespassers or otherwise, or that they unlawfully remain therein without per- - mission of tho owner, on ascertaining tho 1 :ompJiUQt to be well founded, to.cause such persons tobcimmedjiitely removed therefrom, ind in cu30 of tho return of any tuch person without lawful perumsion, the party HO of~ fending may be subjected to such fine and- : :orporal punishment as the Magistrato or District Judge may. sec proper, .to. impose. : LXX VIII. During the terra of service, the. j liouso occupied by any servant is the masters j 1 tad, 0? the expiration of the I erm of service', 1 vc tho discharge of s servant,'he shall no' j longer-remain on tbepremisea of the master: 1 md it shall be the duty of the Judge- of the? : District Court, or a. Magistrate, on complaint sf any.person inlerc-stod.and due proof made, LO cans? such servant to be immediately re- I mbved ?. om such premisos. 1 LXXIX. 'Leases of a' boose or land to a 1 person of c?ldr ftha?l bo in wrHiiig. If there ' be no written lease, or thc term or lease shall 1 have expired, a person of color in- possession 1 mall be a tenant at will, and aba.ll not bo eas "i titled to. notice j. and. on. .complaint- by any. 1 person interested to the judge.of. the District j Court, or a Magistrate, such persons'or?oW j shall be instanHye3ebtc3 by Or?er or'Warrant, unless' ho" prb'dtlce '?-'writC?n l???e iutboriz?og i Hil^lte(MM 1 -or??ted and was lost. ..?,.,.. ..J LXXX. In every'case ttfe coBts of eviction: i may be exacted, by order oVpr?ccss; from thc peraon evicted. . IiXXXr. Wh?n-e^peraon^of eolop shall ?bc ; nuable io- carn.his''snppor*,-end -is-hleeiyrto 1 become, a chargo to the.pubKc, the-father-and J grand-fathers",- mother^jind> graud-jno?ier?, J child nnd.?rand.,?bitd, brother, arjd-siste/loif'' 1 such person, shall, each according to Lid aliii- 1 ity, coutribnte montfily,. far , the suppoi ti of 1 such'poor relation, such-surn aa the District-' i Judge, or1, one-of "the Magistrates, up jii com-n 1 plaiuttohim,phaUdcemnccegcary.ar.d'propeis ( and on'failore to paysich sum. the imeshall J be collected by aummtry order or .recess.'' , } LXXXLI. Ia each Judicial^ >rst: >.-f,'-c?ceptf -f the Judicial District of .Charleston, in'whicb, thereshall be ono Board..for the Election ; District of Charleston, and owe for the Elec-' ' lion District of Berkeley, thora shall, bc es- * tftblisbed a Board, to be known as tie " Board; ? of Relief-0f.; Indigent Persons of Color,'-'j J whicji slialFconsiat of a Chairman arid not. 1 less tbau three, nor more tr?an seven otb'er. ^ members,-all of whom shalne Magistrates jj of the JJiatricti and-be selected- hy the'Dia- } trictJudge..- . - . '* LXXX1U. This Board shal meet at thc c Court House on the Tuesday- next after the ?rst 'Monday in February and. August in eve ? ry year, and at other times and places, -fixed 1 by its own appointment or the summons bf" I its Chairman, and it may, at its pleasure, ap- e point eub-Boards, to be composed of 'stich of e its own member* and otker Magistrates of 1 the District, as it may select. v LXXXIV. By-the Board the District ?ball,, * w. soon as practicable, bo divided into pre- .' :incls, within each ofwbichsome Magistrate ;* shall reside. The Board Ia required Jo keep r ;xact minutes of all its proceedings, aud in 1 these shall appear'the boundaries of each '* precinct, as from time to time they may be ? irranged. LXXXV. A District Court fuod shall be ; ?stablished in-each District, to be composed 3? aids paid. for.tho approval of contracts ? set ween, master and servant, and of instru- . aier.ts of apprenticeship, aud.for licenses ? [-ranted by thc District Judge,.ell hues, pen- j Uties and forfeitures collected under order or - process froth the District.Court or a Magis- ,? .rale of the District, fees for appeal frira tho J? District Judge, wages of convicts, and tajees s -ollected under the order of the Hoard of Ile- a Lef of Indigent Persons of Color.. : s LXXXVI. If the District" Court fund, af- 11 er payment of tho sums willi which it is margc-d, on account of the salary of tba F fudge of the District Court, Superintendent ? >f Convicts, Jurors, and other expenses of 11 he Court, and of convicts, shall be insufficient T 0 aupport indigent persons of color, who nay bo proper charges on the pub!ic,lhe 0 Hoard aforesaid shall have power to impose; B or that pulposo, whenever it may bo rc-' j jui.-td, a tax of one dollar on each malcper-i ton of color between the ages of eighteen a md fifty years, and fifty couts on each un- ?. narried" female person of color between ibo ? iges of eighteen und forty-five ; to be collected * ti each precinct, by a Magistrate thereof : 'J l'rooi?cd, That the said imposition of a tax ? ball he approved in waiting by tho Judge of t! ho District Court, and that his approval r< ?ha'l appear in tho journals of that Court. LXXXVIL Fer collection of a tax imposed a )ytboBoird aforesaid, every Magistrate of n 1 precinct shall give "ten day's public notice, rit hin hid precinct, of the clashes of persons innis to tho tax, tho sum which is required :n rora every person of each class, and of the lay when pay-, ?nt shall be mads. Every fi levon li?bl? to pay, who fails to payson the 1: lay at,;oiur(.d,^iall-bccoiih;- Kabia-t-o-y-?*-*-?a L.;X, il bc shall not make to t?ic Ml?g- o M rates a s.?fi?i'actory excuse* and against a ii:n jii<? Magistrate may issue precess ia the v rature nfjierij?cias;special attachment, an ? ti ith'cr prot-rtH most likely to exact payment : 'ti my or all of which shall be executed by a J ?astable or the Sheriff. 'Sh LXXXVil I. It shall be thc duty of every 0 >er?on who is occupant of a house or pre:n- 0 6CS, within s-ircu day's after notice to report, " u writing and on oath to a Magistrate < f thc a ?recinet m which such house or premises ( ire, tho ?am. s, sexes, agos and occupations 8 if all pe'rsaua.cf color in thc .said Louse, qr a ul the said premises', who are unable to carn a i livelihood for themselves and respective r amitie*, with the causo of disability as to v :aeb on?-, and also in respect to each ose of c neil persons the name, place of abode, and * ibilily, so far as may be known, of every rc- I ation M ho is, according to the provisions P. lereinbcibre contained, bouud to contribute c ,o the support of such pewon. For every * siluro, without good '?xcusc, to make report, G. is heron required, an occupant of houic or 0 .remisfs as aforesaid, sEall be liable to a fine 0 tot exceeding twenty dollars, nor le?? thau t< ive dollars ; to bo paid immediately; or if T t should not bc paid, substitution of other h ?unishment to take place, as in other cases if lines not paid. a LXXXIX. It shall be thc duty of every 1 ragiatrale to make diligent inquiry into the " .ondiliou and wants of thc colored poor * vitbin his precinct; to give . public notice ' srhou reports from occupants as aforesaid arc n ?cquired ; to require such report within a " uouth before euch regular meeting of thc ? Joard cf Relief of Indigent Persons of Col- * >r, nd whensoever else the said Board may n lircct ; to examine such reports when made v o him ; from thom and other information, to * incertain the correctness of the facts therein C >tat?d ; to enforce, as far as possible, the ob- u igation ot persons bound, as before provided, -fi 0 contribute to the support of poor rda ions, n md tu make reports to tho Board aforesaid ?8 hereirafter directed, and lo the District h Jourt as is required by thc Act tc establish ti district Courts." . v XC. Every Magistrate shall, besides thc v piartcrly rcpoits which Be is required to :! nake to the District Court, make, oq the 0 donday next preceding thc first Monday.of '; february and August, every year, a semi-au- P jual report to the Chairman of the Board s iforesaid ; which report shall dearly exhibit, r br the time sinco'h'is last preceding semi-an- d nial report, all bia receipts, all his payments, V ill his commissions, the condition of the col ired population within his precinct; the name, ? tex, ag?, pecupatiqn and .particular disability' j' >f every .person of. color in that population^ h ?viio requires r.Mistau?e from, the public; the ? . mm which, in.his opinion, is necessary for a inch person, and> thc: sum recjuir^d for.his vholi* precinct. In tbe receipts tho:distiqc-. v ,ior. shall bo observed" between''collections md moneys turned oref'to tho Magistrate iv some other officer, tho particulars and lum. of.each. being shown; i Tho collections-' - ?hall be classified iaocoi ding to tho-sources ' 'ram which,they proceeded, or.for instance 1 lids, from contracts, ai?s from, instruments of ipprenticcsbap,. fio^^t^^8)^.^?^1! laSes 1 ball appear the name arid sex 'of tbti peraon rom whom crtcli item Was collected. Thc ?urns paid for tho support of yfAir ? elR'-ior.s, ind by, and for whom, shall be Ret fort h. . In the expenditures distinctions shall bo observed . )Gtweon actual disbursements and'' simi? ;urned over to other officers ; and :the dlilbr-' - mt-purposcs of disbursements ? bo-aitangod i?der; suitable-, heads, l^vi^y oxp?wllt?rB ~ bust be accompanied , by.a; iuiope^-wjacher. . iole8s it.should appear lhat.it.?was:impfacti.-;, ?able to.obtain.qnQ.. ,^bV anyigir^..4!? 9^ - ii report as' Ut?rei?.frq??T'ed,5 S?gystrate shall. . j? Hablo io i?oMc?m?r?V?^?iir pa7 a..fine jp.ot.. Mcceb'diiig ?tty dollars", ' nor le's's Vli?n twenty loilars. .. ':,:";' :'::" XCI. .Tho ^Cbj??ban ojf/fh?.:Board, afore >aid:,':bcsideV'tbQ' qu'artjerly'^reports-?yb":ch, by v 'Mdl Act to csrawlBh':;D'j8tr?ct Courts," he is k required to make to the District Court, Khali/ t u erich regalar filing pi Unsaid. Board, and lyben soever e?aajb^er may.l^jX^cjt ired -bj-,the >aid Boi.rd, or'by..ibje.I)isj?ipt |;udge,jajako 5' "(lie "Board, in reqiect to. 4iis own'..acts as Magistrate of a greciiyit.' tgttcb a repbi't as is required frqm^nother^Iagi^tratc ; lay'before Jic Board mi? Ver/orff^iie' to him by, other .'ffportrf <i?- tho^lagistrhtes^so as- to- sbotHhe condition andr wants' nf'Xhe i whole District ind ci each precinct j w hick .report shali also ixuibjt the Receipts and expenditures for the vhole District since the report last preceed ng, arranged under proper heads, so as to (Bow the stuns' received from ?ach "source, md by what Magistrate, tho i.:?i^ lisbursed or each-purpose, and" by''what riagistratc, h? sums terned-over from "one officer to mother, commissions, expense* and coritri mtiona for poor relations.-^Each report shall larlicularly specify, al! delinqnences-of-Mag :tratoa during ; its period, aud the. names of telinqaen'ts/ JPcr^uy-fado.ra to make report .s here' renuu-ed, tho Chairman, shall be.-fia-. )ie to indinctment,' aud, pppn^ conviction, ballway ? 4100 not exceeding one. hundred lollara nor less than twenty dollars. X01I. The Board of Relief of Indigent tarsona of Color shall-determine thc sum tecessnry for the support of each indigent ?orson of-color, who^hall be deemed a prop, r charge ou the public, the aunt required by ach precinct, the sum which shali bo-paid 0 each .Magistrat? to be% disbursed by. him, chen reports from occupants a? aforesaid hill he required", and when a.tax shajl be inposed. It shall dire'et thc Magistrates're- . piclively in'lhc performance Of tho duties equired'of them tn reference to paupers and lie District Court fond, and it-shall report 1 the District Court all delinquencies and elioquents. - XCill. The balance of the District Court and which, as provided by tho " Act to cs ablish District G^mrX-y^saall, under the'or er of the District Judge be paid to tho Jhairmtn aforesaid, shall, nuder the order ? the Board aforesaid, be-distrihutcd ra the Iagistratea of precincts, I aud : be by thom laburaod for tho relief of indigent persons f tolor, and other uses of theBoard, as may 3 directed. The minutes pf the Board .shall fi?w the,sum assigned to each Magistrate, nd the'receipt of tho Magistrate for every um'paid to him shall bo taken by .thc chair inn of the Board, nnd shall accompany the ext report of the chairman to the Board as 'ell as be exhibited m support of the cbair lan'a quarterly, report to the District Court I which.such.paymeut is set down. . XCIV?, 0a satisfactory information-tatke Hstrict Judge, or a Magistrate, that a person f eclor bas removed from another JDistrict, nd ?3 likely to become a charge to the Dis ri'cfcinto which he has removed, the District udgc, or th? Magistrate, shall "proceed gainst such a person as a vagrant, and, on onviction, ho shall bo punished as such'; 'rovided, however, .That persons-, of color rho were removed by their former masters .om other Districts, within the. last Ar? ears, shall be allowed twelve months toje ?rn to Hie Distric's from which they were ;movcd ; and those who htivo been aep:ira ;d from their families or relatives 'shall be ibwed lo return to them within twelve lonths. . . . . , . ?. isrSt - VAOUANXr AXD IDLENESS. XCV. These are public- grievances} and itvst be punished as crimes. XCVJ..A11 persons who havo not some xcl and ko.iwn place of abode, and. some, ?wful and reputable employment;- those J1j.l13.ve nn?-.?rtriyp*TisjMf? ji"st l^ypjaeaai _ f .1 r.'tir, honest arid reputable livelihood'; II common profit?tes j those v/!io arc fourni randene? from place to place, vending, bar sring or-peddling any articles or commodi :es, without .a license from -thc District udge, oroiher proper authorities; all cora lon gamblers; persons who lead idle ordis rderly lives, or keep or frequent disorderly r disreputable houses or places ; those who, ot having sufficient means of support, are hlo io wi,rk P."''.' do net work ; those who whe'horor not they own lands, cr aro los ?es or mechanics,) do not proride a reason bio ani proper maintenance, for themselves od fotniliea : those who. are engaged in rcp esenliag publicly or privately, for fee or re gard, without license, any tragedy .-interlude, omedj, farce, play, or other similar enter- i ainmcnt, exhibition of .the circus, ?lejght-of and, wax work or the like.; those who for 5 rivale gain, without license, give.any con crt or musical entertainment, ."of any dc- , cription ; fortune-tellers ; sturdy beggars ; orotnon drunkards ; those who hunt gams f any description, or fish on the land of ' ?hers, or frequent the premises, contrary j tho will of thc occupants ; shall be deemed - ? agra u ls, and be liable to the punishment ereinafter provided. < XCVII. Upon information, or oath, of - nothcr, cr upon his own knowledge, the -9 >istrict Judge or a Magistrate, shall issue a, ?arrant for the arrest of auy person of eolor. ? ? nown. or believer), to be a vagrant, within . bc meaning of this Act.. The Magistrate . ia}' proceed to try, with the assistance of ve freeholders, or call into hts aid another' lajnstratc, and tho two may proceed to try,'1 ri th tho assistance of three free-holders, as I provided by the Act of 1787, concerning agrants ; or the Magistrate may commit - be accused to bc tried before the District -' iourt. Ou conviction, the defendant shall e liable to imprisonment, and to hard labor, po or both, as shall bo fixed by the verdict, ct exceeding twelve months. XCVill. Tho defendant, if sentenced- to ard Inbor, after conviction may, by order of . be District Judge or Magistrate, before thom he.was convicted, be hired for such rages as cati bc obtained for his servie?, to ny owner or lessee of a farm, for the terra F hard. Inbor to which he was sentenced, or ic hired for the mme labor on the streets, lublic roads or public building. The per on receiving such vagrant shall have all the ir-lits and remedies for enforcing good con net and diligence at labor that are herein rovid^d-in the case of master and .servant. XCTX. These provisions, concerning ya rancy shall not be construed t* repeal ?0/ . thcr" A ct or Acts, in whole or part consistent erewith. IS?- Thc "Act to establish District Courts," nd thc" " Act to amend thc criminal law," rill bc published in our next. My Mother. - . . , . . f -. . 'JC-C +*ti n.t.? I lavs whate'er ls beautiful, " ' 'J. . ? i- ie - - . I love true te cr ia bright ; .. ?hc morn's ftrat blueh tho ?vaning'a glow) V Tho dcoper shade-of bight.' ' * ' ' .v.-.'. ^. \i . ? <-ri.:-. >>s* ,yni,\?' 1 II ovo whate'er In grandeur comes : Forth from Us makor'a hand j Thc light-inp's (lash, thomighty waves Wleich break upon thc sand. I ... .... ,--i .- K j .-... .. *-.'^*? . I lovo whate'er breathes melody . -. .'. 1 . -j . - . v< On earth, In nir. or t&J . And'every action, kind and trao, , . - . Is beautiful to me. . . . .. . ^ . . M - .?.:.'::< il . And theji I priao what gepin? twines ... Upon lime'? ivy^ri?jS*??. *v . - -,-1 ta? : - Dat $$Sfj&^ ? Ilbvc'the?^h^t ?C.8?v ...^ ? 0 '??' !".. '. i..-?tr?-r.. ..?????^ ?.',^" ?.Ii 53r" O?igen?eJnan.aiFwtionsAelyf^MMrs<>B^ by-do'you'ehew that filthy't?lMcc?^P^rt^^ is youth (Btiiny^'To get thu j*fi????ap?I