Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, January 04, 1866, Image 4
*- # .. WSM9&& . :* t T5k?* '
?:*; ""* 'v -"
[OONTINUKD FROM FIRST PAGl] '
pretieaa by the District Judge, or one of
the Magistrates for the aforesaid term.
N< XYIII. Male#, of the age of twelve yean,
^L. and females, of the age of ten years, shall
* * sign the indenture of apprenticeship and
be bound thereby.
XIX. When the apprentioe is under
these ages, and in all oases of compulsory
apprenticeship, where the infant refuses asV
sent, hit signature shall not be neoessary to
the validity of the apprenticeship. The
. master's obligation of .apprenticeship, in
all cases of compulsory apprenticeship, and
oases where the father or mother does not
bind a ohild, shall be executed in the presence
of the District Judge, or one of the
Magistrates, certified by him,nand filed in
the office of the Clerk of the District Court,
' '- v XX. The indenture of voluntary appron
\ ??. tioeship abail be under a eel, and be signed
by tbe master, and parent and the apprentice,
attested by two credible witnesses, and
approved by tbe District Judge or one of
XXI. Ail instruments of apprenticeship
shall be executed in duplicate, one of whioh
jv shall be retained by tbe master and tbe other
filed in tbe office of tbe Clerfc of the District
Court. For tbe approval of an instrument
of apprenticeship, thus exeeuted in
duplicate, the master shall pay an aid of
three dollars ta the Magistrate, or Distriat
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 busiV*"
sees, whioh shall be specified in tbe instrument
of apprenticeship; shall furnish him
wholesome food and suitable clothing;
teach him habits of industry, honesty and
morality; govern and treat him with hu t
inanity; and if there be a sohool within a
convenient distance, in which colored children
are taught, shall send him to sohool
r at least six weeks in every year of his apprenticeship,
after be shall be of the age of
ten yean: Provided, That tbe teacher of
suoh school shall have the license of the
e - District Judge to establish the same.
XXHI. The master shall have authority
to inflict moderate ohaistisement and impose
reasonable restraint upon his apprentice,
and to reoaptnre him if he depart from
his servioe.
XXIV. The master Bhall receive to his
own nse the profits of the labor of his apprentice.
The relation .of master and apprentice
shall he dissolved by the death of
# the master, except where thp apprentice is
, engaged in husbandry," aud may be dissol
ted by order pf tbp District Judge, when
both parties consent, or it shall appear to
he seriously detr^gptal to either party.?
lB excepted case, it shall terminate at
* the end of the year in which the master
r died.
XXV. In case of the habitual violation
or neglect of the duties herein imposed on
the master, and whenever the apprentice is
? Hanger of moral contamination by .the
. vioious conduct of the master, the relation
of master and apprentice may be dissolved
by the order of the District Judge. And
any person shall have the xipht to oompl&in
to the Distriot Judge, that the master does
not exercise the proper discipline over his
apprentice, to the injury of bis neighbor;
and if upon investigation, it shall be so
found, the late contraot between the parties
shall be dissolved.
XXVL In case of alleged violation of
duty, or of misconduct on the part of the
master or apprentice, either party may make
oomplaint 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 dissolu,
tiou of the relation o? the parties; and if
the master be foond to be in default, be
shall be fined not exceeding twenty dollars
and costs; and if the apprentice be in default,
he may be oorreoted in suoh manner
as the Magistrate shall order. A frivolous
oomplaint made by either party shall be
regarded as a default.
XXVII In cases in which the District
Jndge shall order the apprentice to be discharged
for immoderate correction, or unlawful
restraint of the apprentice, the master
shall be liable UJ indictment, and, on
conviction, to fine and imprisonment, at
the discretion of the Conrt, not exceeding
a fine of fifty dollars, and imprisonment of
thirty days, and also to an Action for damages
by the apprentice.
XXVIII. All orders made by a Magistrate,
tonohing the relation of master and
apprentice, shall be filed iu the offioe of the
Cjeyk of the District Court.
XIX. A meobasio, artisan or shop-keep?T,
or other person, who is required to have
a lioense, shall not receive any colored apprentice
without having first obtained such
license.
I XXX. At the expiration of his term of
service, the apprentice shall have the right
to recover from his master a sum not exneeding
sixty dollars.
XXXI. To an apprentice shall apply the
provisions hereinafter made for a servant
snder contraot, so far as respects the regulations
of labor, the dnties of the servant,
the rights of the master as to third .persons,
iCd tht rights of servants as to third persons,
exoept, that to an apprentice the master
shall be bonnd to furnish necessary
medicine and-medical assistance.
XXXII. In all indentures of obligations
of Apprenticeship, the- regulations herein
prescribed, shall be considered stipulations.
XXXIII. 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 (father or mother,
as the base may be,) of (name of ohild)
my ehild of thq. age of years, do
hereby bind said ohild 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 my apprentice. In
witness whereof, we (tfte master, father or
mother, as tho case may be, and child, if
over the prescribed age) have subscribed
our names and nnr.nn, oaals ?Kia
? ? PVINOi VUU7 UOJ
of 186
A. B. [L. 8.]
0. D- ("L. S.l
17 1? TT ?3 T
[L. 8.3
Signed and sealed in the presence of
Q. H. ?
I approve the above indenture of apprenticeship
this day of 18 f
M. N:, {Judge of the District
Court, or Suagiitrate.) i
XXXIV. Form of Obligation of Ap- n
prenticeihipy taken by the Distriot Judge c
or Magistrate, to be used ifl all eases of 'n
compulsory appenticesbip; and, iu all oases,
where neither father nor mother hinds the t
child, (to be in duplioate) r
I (name of master) agree to receive (name I
of apprentice) as my apprentice to learn the
(insert the trade or business;) and I bind
myself to perform all my duties as suoh t
master. In witness whereof (the master 1
and apprentice, if. over the prescribed age, i
who consents to be bound, otherwise only i
the master,) has subscribed name t
?" a?l tHi# jar of I
CBMVft BVH1 ??W ?^ .
186
A. B. [L. S.]
C. D. [L. 8 ]
Signed and sealed in the presenoe of
E. P., (District Judge or Magistrate.')
I approve and oertjfy the above obligation ]
of apprenticeship! this day of 186
E. F., {Judge of the District
Court or Magistrate.) \
CONTRACTS JOE SERVICE. <
XXXV. All persons of oolor who make ]
contraots for servioe or labor, shall be i
known as servants, and those with whom i
they contraot, shall ho known as masters. <
XXXVI. Contraots between masters and i
servants, for one month or more, sball be in <
writing, be attested by ope white witness,
and be approved by the Judge of the Dis- <
triefe Court, or by a Magistrate. i
XXXVII. The period of servioe shall be I
expressed in the contract; but if it be not <
expressed, it shall be until the twenty-fifth i
day of December next, after the commence- i
meot of the servioe. * i
XXXVIII If the rate of wages be not i
stipulated by the parties to the oontract, it i
shall be fixed-. by the District Jndge or a i
Magistrate, on application by one of the i
parties, and notice to- the other. i
XXXIX. A person of-oolor, who has no <
parent living in the Distriot, and is ten years
of age, and is not an apprentice, may make I
a valid oontract for labor or servioe for one i
year or less. <
XL. Contracts between masters and ser- <
vants may be set aside fer fraud or unfair- 1
ness, notwithstanding they have been ap- i
proved.
XLI. Written contracts between masters I
and servants, shall be presented for appro- i
val, with' twenty days after their exeou- 1
tion. .; I
XLII. Contraots for one month or more, <
shall not be binding on the servant, unless \
.? ... , * .. a .
tney are id writing, ana nave neen presented i
for approval within the time aforesaid. 1
Xilll. For any neglect of the doty to e
make a oootraot as herein directed, or the t
evasion of that dnty by the repeated em- i
ployment of the same persons for periods s
less than one month, the party offending s
shall be guilty of a misdemeanor, and be i
liable on conviotion to pay a sum not ex* t
ceeding fifty dollars, and not less than five t
dollars, for eaoh person so employed. No |
written contract shall be reqnired, when
the servant voluntarily receives no ream, r
Deration, exoept food and clothing* t
XLIY. For the approval of'contracts, t
the following sums,. to bo oafled aids, shall C
be paid to the Bistriot Judge or the Magis- \
trat.e, as the case may be, in cash, when \
the oootraot is approved, provided no aid 1
shall be paid for any servant under twelve c
years of ago: ?
For a oontraot for ooe month or less, for i
each servaot $0- 25 t
For a oootraot Dot exceeding three months \
aod more than one month, for eaoh servant
0 50 i
For a contract not exceeding six mopth9 s
and more than three months, for eaoh {
servant 0 75 j
For a contract for one year, or any time c
more than six months, for eaoh ser- c
ant 1 00
For a contract for more than one year, for f
each year or part of a year over one year, 1
for e^ch servant 1 00
Obe half of whiob aids shall be paid by o
the master, and one half by the servant.. s
REGULATIONS OP LABOR ON PARM8 8
XLY. On farms or in outdoor service, i
the hours of labor, except on Sunday, shall t
be from son-rise to sun set, with a reasoD- c
able interval for breakfast and dinner.? c
Servants shall rise at the dawn in the morn- c
iog, feed, water aod oare for the animals on
the farm, do the usual and needful work r
about the premises, prepare their meals for v
the day if required by the master, and be- e
gin the farm work or other work by*sun p
rise. The ser.vant shall be oarefol of all s
the animals and property of bis master, and a
especially of the animals and implements
used by him, shall proteot the Bame from t
iniurv bv other neraona. and ahnll hp an. a
?^?J -J I , "v
swerable for all property lost, destroyed or a
injured by his negligence, dishonesty, or 1
bad faith. i
XLVI. All lost time, not caused by the j
aot of the master, and all losses occasioned s
by neglect of the duties hereinbefore pre- a
scribed,' may be deducted from-?the wages t
of the servant; and food, nursing and other J
necessaries for the servant, whilst he is ab- s
sent from work on account of sickness or a
other cause, may also be deducted from hiB t
wages. Servants shall be quiet and order- s
ly in their quarters, at their work, and on a
the premises; shall extinguish tbeir lights s
aud tires, and retire to rest at seasonable a
hours. Work at night, and out-door work a
in inclement weather, shall uot be-exacted b
unless io caso of necessity. Servants shall
aot be kept at home on Sunday, unless to
take care of the premises, or animals there- n
upoD, or for work of daily necessity, or on o
unusual occasions; and in such cases only u
so many shall be kept at home as are neoes- fi
sary for these purposes. Sunday work shall p
be done by th? servants in turn, exoent in U
oases of sickness or other disability, when a
it may be assigned to them oat of their c
regular term. Absentees on Sunday shall u
return to their homes by snn-Bet. a
XLVII. The master may give to a ser- ti
vant a task at work aboat the business of
the farm, wbioh shall be reasonable. If n
the servant oomplain of the task, the Dis- u
triot Judge, or a Magistrate, shall have Y
power to redaee or inorease it. Failure to ai
do a task, Bhall be deemed evidenoe of in- ic
ioleoce, but a single failure shall not be pi
jonclusive. When a servant is entering gi
nto a oontraot, he may be required to rate w
himself a full hand, three-fourths, half, or fv
>ne fourth band, and acoording to this rate, m
nserted into the oontraot, shall be \he task, se
ind of oourse the wages. wi
* XLVIII. Visitors or other persons shall di
v
- ' T? W.-m1 .
lot be invited or allowed by (he servant, to a
ome or remain upon tbe premises of the g
a aster, without his express permission.
XLIX. Servants shall not be absent from e
he premises without the permission of the n
naster. *
LIGHTS or MASTER A8 BETWEEN HIMSELF *
AND HIS SERVANT. % t
L. When the serrsnt shall depart from
he senrioe of the master without good cause, o
is shall forfeit the wages doe him. The s
errant shall obey all lawful orden of the e
naster or. his agent, and shall be honest, a
rnthfal, sober, civil and diligent lav his i
mgineaa. The master mar moderately cor
act servants who have made contracts, and
ure under eighteen years of age. He shall
iot he liable to fay for any additional or exraordinary'services
or labor of his servant,
;he same being necessary, unless by his express
agreement0AUSX8O7
DISCHARGE OX A SERVANT.
LI. The master may discharge bis Mrrant
for wilfnl disoBedienoe of the'iaWfal
irder of himself or his agent; habitual negligenee
or indolenee in business; drnnbeness,
moral or legal misoondnot; want of respect
ind civilty to himself, his* family, guests
ir agents ; or for prolonged absence frdm
the premises, or absenoe on two or more
aooasioos without permission.
LIL For any acts or things herein deslared
to he eanses for tho discharge of a
iervant, or for any breaoh of oontract or duty
by him, instead of discharging the sotrant,
the master may complain to the District
Jndge or one of the Magistrates, who
shall have power, on being satisfied of the
misoondnot ootnplained of, to inflict, or. f
cause to be inflieted, on the servant suitable t
corporeal punishment, or impose upon him c
mob pecuniary fine as may be thought fit, 1
rod immediately to remand bim to his
irork; which fine shall be deducted from hi?
wages," if not otherwise paid. f
Lllh If a master has made a valid oon- ?
tract with a servant, the District Jndge or
i Magistrate, may oompel such servant tc c
ibserve his oontnot, by ordering iofiiotton t
if the punishment, or imposition of the fine t
hereinbefore authorized. ^ - s
EtIOHTS OF MASTER AS TO THIRD PERSONS. 0
LIV. The master shall not be liable for t
the voluntary trespasses, torts or misde- t
neanonofhis servants. He shall .not he I
iabteforany contraot of his servant, unless
made by bis authority y nor for tiro sets
if the servant,, unless they shall be' done s
irithin the soope of the anthority entrusted p
o him by the master, or io the course of c
lis employment for the master ;.in whioh t
ixoepted eases the master shall be answer- o
ible for the frauds negligenoe or want of
kill of his servant. The master's right of a
elf-defence shall embraoe hb servant/ It t
ball be bb dnty to proteot hb servant bom ti
dolenoe by Others, in his presence, and he d
say render him aid and assistance in ob- p
aining redress for injury to his rights of e
>erson or property. h
LV. Any person who shall deprive a
naster of the eerviee of bb servant, by en- v
ioiog him away, or by harboring and de- tl
aining him, knowing him to be a servant, g
r by beating, confining, disabling or other- k
vise injuring bias, shall be liable, on oonriction
thereof, to a fine not exceeding two
inndred dollars, and not less than twenty a
lollars, and to imprisonment or bard labor, h
it the discretion of the Court, not exceed b
og sixty days; and, also, to an sotion by tl
he master to recover damages for loss of ser- ti
rices. * ?
LYI. The master ma; command bis sefrant
to aid in the defeooe of his own per- I
ion, family, premises or property; or of the (
>erson or property of any servant on the *
iremises of the master; and it stall be the h
laty of the servant promptly to obey such d
tommand. *
LVII. The master shall not be bound to "
ornisb medicine or medical assistance for
lis servant, without bis express engagement. a
LVIII. A master may give the charaoter *
if one who has been in his servioe to a peron
who may make inquiry of him ; yrhioh
ball be a privileged communication, nnless ^
t be falsely and malioionsly given. And
10 servant shall have power to make a new d
lontract, without the production of the oisibarge
of his former master, Distriot Judge
ir Magistral es.
LIX. Any person who shall wilfully 0
aisrepresent the character of a servant,
rhether he has been in his servioe or not, h
ither for moral qualities, or for skill or exlerience
in any employment or service, y
hall be liable to an aotion for damages by
oy one who has been aggrieved thereby. o
LX Upon the oonvietion of any mas- 8
er of laroeny or felony, the District Judge e
ball have the right, upon the demand of t'
my white freeholder, to annul the contract d
>etween snob convict and his colored Ber- 0
'ants. If any white freeholder shall com- P
>tain to the District Judge that any master 0
o manages and controls his oolored -servants o
is to make them a nuisance to the neigh- o
)orbood, the Judge shall order an issue to b
io made up and tried before a Jury, and if J
uoh issue is found in favor of the oomplain- P
ot, the Distriot Judge shall annul the coo- 8'
ract between such master and his oolored o
errant or servants, and* in eaoh of the oases ?
bove provided for, he shall not approve any 01
ubsequent oontraot between such person I*
nd any colored servant for two years there- a
fter. ' ti
IGHTB OF SERVANT AS BETWEEN *HIM- ^
SELF AND MA8TER. al
LXI. The servant may depart from the oi
laater's service for an fosoffioieot supply ai
f wholesome food; for ao aoaothorized bat- c<
sry upon his own person, or one of bis tr
imily, Dot committed io defence of the al
erson, family, guests or agents of the mas- P>
itj nor to prevent a crime or aggravated
risdemeanor; invasion by the master of the
onjngal rights of the servant; or bis fail- th
re to pay wages when doe; and may re tb
over wages doe for servioes rendered to the f?
me of his departure. so
LXII. The oontraot for the service shall tb
ot be terminated by the death of the mas- ne
ir, without the assent of the servant.?
if- j_- . * -
i *ge? uub io wmte laborers and to white th
id colored servants, shall rank as rent does Di
i case of the insufficiency of the master's I ke
roperty, to pay all debts and demands a- tbi
linst him, hot not more than one year1! ; Co
ages shall be so preferred. When wrongilly
disobarged from service, the servant
ay recover wages for the whole period of th<
rvice aooording to the ooBtraot. If his for
ages have not been paid to the day of his oo<
soharge, he may regard his oontraot re. *na
moded by. He discharge, and recover war I
;es. np to tfctf tutie* ^' V ^ i
LXni. The maalershall receive into hi* p
mployment He servant with whom he baa o
xade a oontract, hot. any of the oaases v
rhioh may justify him io discharging a eer- p
mat, shall justify him in refusing1 to Teoeive t
lim. t
LXIV. The master shall, opou the dis- a
harge, or at the expiration of his term of 1
ervioe, furnish the servant with a certifi- e
ate of discharge, and at the request of the c
errant, give him a certificate of ehnraote^. a
4UTUAL RIGHTS Of MASTER AND SERVANT, t
LXV. Whenever a master discharges a a
errant, the servant may make immediate 1
lomplaint to a District Jadge, or Magistrate, t
iod whenever a servant departs from hit i
heater's service, the master may make like, c
1 ' . * r.v ?i .... >L. 1
lompiatnt. id eiwier owe, mo xiu?triei< i
radge, or Magistrate, jsball by summons or ?
rarrant, Have the partiea brooght before i
iim, bear them and their witnesses, and .de- i
tide as to the sufficiency of the cause of (
tie discharge or departure. This decison
shall not effort or prejudice any for- <
her aotion on either side, bat it may avail t
0 restore the relation of master and ser- i
rant between the parties, if that be or- i
tered If the servant be decided to< have c
>een unlawfully discharged, and ahonld de- i
ire to return to aerviee under his oootract, I
be master shall be compelled to receive <
dm, under the penalty of twenty dollars, in \
tase of his refusal. If the master desire i
be return of a servant, who has been deei- j
led to have departed without sufficient i
lanse, the servant may be compelled,, by i
ine and corporeal ponishnient, to return to ]
be servioe of the master, and perform his i
lodes noder the contract. i
LIGHTS Or 8ERVANT8 A8 TO THIRD PIE- (
f- SONS. * <
LXYI. The servant shall not be liable j
or contracts made by the express authority <
1 hip master. . ?
LXVII. A servant shall' not be liable,
livilly or criminally, for an aot done by ?
be oommand of bis master, in defence of t
he master's person, family, guests, agents, i
ervant, premises or property: He shall <
lot be liable in ao action ex delicto, for any i
ort committed on the premises of the mas- t
er by his express oommand. i
I0U8K SERVANTS AND OTHERS NOT IN <
HUSBANDRY. I
LXVIU. Tbe rules and regulations pre- i
oribed for master and servant, apply to i
arsons in servioe, as household servants, j
onferringtbe same rights sod imposing a
be same duties with tbe following modifi- t
ations:
LXIX. Servants and apprentices employed I
8 noose servants id cne various duties 01
be honsebold, and in ali the domeatio daies.of
the family, shall, at all hours of the
ay and night, and on all'daja of the week,
romptly answer all oaUa and obey and ex- "
onto all lswfal orders and commands of the
imily in whose service they are employed.
LXX. It is the duly of this class of aerante
to be espeoially civil and polite to
beir matters, their families and their
nests, and they shall reeeive gentle and
ind treatment. ?** ?.
POa ALL SERVANTS.
LXXI. In all oontraota between master
nd servant for serviee, the foregoing regnitions
shall be stipulations, unless it shall
e otherwise provided-in the oontraot, and i
he followipg form shall be a sufficient eon- t
raot, unless some special agreement be s
lade between the parties: 1
Form of Contract. j
(name of servant) do hereby agree* with e
name of master) to-be his (here insert the
rords (household servant' or (servant in t
nsbandry/ as the ease may be,) from the f
ate hereof, at the wages of (here insert the
rages, to be paid by the year or month j) and
i eonsiderationathereof I (name of master) e
gree to reoeivo the said (name of servant) 5
b suoh servant, and to pay him the said 1
rages, this day of 186 . ' e
B. (
'C. D. s
Witness, E. F. t
"I approve the above oontract this r
ay of 186 . ' J
G. H., Judge of the District C
Court or Magistrate. j
After the words 'servant in husbandry' s
lay be inserted, if it be required, the words r
!o be rated as fall band, three fourths
and, half hand, or ooe-fonrth hand,' as c
be ease may be. t
[ECH ANICS, ARTI8 AN 8 AND 8HOP KEEPERS, f
LXXII. No person of oolor shall pursue a
r praotioe the art, trade or business of an ]
rtisao, meobaoio or shop keeper, or any oth ]
r trade, employment or bosiness (besides I
bat of husbandry, or that of a Servant no- v
er a contract for services or labor) on his i
wn account and for his own benefit, or in o
artnerabip with a white person, or as agent ll
r servant of any person, until he shall have 1<
btain'ed a license therefor from the Jodge
f the District Court?which license shall a
e good forone'year only. This lioense the n
udge may grant upon petition of tbe ap- r
licant, aod upon bis being satisfied of bis o
.:u > i.:. ?J i
kill U1U uiuoonj ?uu wi U10 glKJU Utunil Q,
baracter, and upon paymont by the appli C
ant, to the Clerk of the District Court, of a
oe hundred dollars, if a shop keeper or ped- si
ir, to be paid annually, and |en dollars, if a A
lecbanio, artisan, or to engage in any other s<
ade, also; to be paid annually: Provuled,
oicever, That upon complaint being made ti
ad proved to the Distriot Judge of an abuse vi
f suoh license, be shall revoke the same, s<
ad : Provided, alto, That oo person of B
>lor shall praotioe soy mechanical art or ol
ade, unless beshowsthat be has served an a]
>pren ticeship in such trade or art, or is now at
radioing such trade or art. ra
LXXIII. For violation of the probifoi.
so oontaiued in the section next preceding, sh
ie offender, npon conviction thereof before be
c Judge of the Distriot Court, shall pay, va
r each offence, a fine double tbe amount of se
ob license; one-half whereof shall go to ti<
e informer, who shall be a competent wit- D
88. ; fo
LXXIV. The sums paid to tbe Clerk for ce
ese lioenses shall be aids, and go into tbe ist
fltriot Court fund ; and the Clerk shall fri
ep a record of *11 licenses issued under vi<
a order of tbe Judge of the District de
ort. Pe
eviction or persons or COLOB'
LXXV. Where, upon any farm or lands fui
ire now are persons of color, who were wh
merly the slaves of tbe owner, lessee or sal
lupant 'of the said Arm or lands, who Co
y have been - there on the tenth day of roi
tovembcr, eighteen. hundred and sixty^vo, >
id have been on said lands for six months t
irevious J and who are he!picas, either from i
Id age, infancy, disease or other canse; and j
rho are unable, of themselves, and have no i
tarent or other relation able to maintain i
hem, and to provide other homes or quar- <
era, it shall not be lawful fortbe present, or i
?y eubseqnent owner, lease or occupant, i
efore the first day of January, in the year i
igbteen hundred and sixty-seven, to evict.or <
irive from the houses which now are or here - I
ifter shall he, lawfully occupied by such 1
iclploss persons of color, such helpless per- 1
ons, or any of them, by rendering such i
touses uninhabitable, or by aoy other f
ueans; and upoo conviction of having done 1
o, every such owner, lessee, oconpant, agent
>r otber person, shall be lined not exceeding :
ifty dollars nor less than fire dolTars, for
iaob snob person of oolor so evicted, ?ed i
nap be imprisoned, at the discretion of the <
Fudge of the District Court, not exceeding
me month.' ' ? _<
LXXVI. Bat the owner, lessee, or ocrapant
of snob bumf or lands shall, never- .
heless, have authority to preserve orddr
ind good oondoet in the honses so oceupied
is aforesaid, and to prevent visitors and
>ther persons from sojourning therein; and
or insolence to himself or bis family, for :
heft or trespass committed by snoh persons
>f oolor, 'or any one of them, upon the
premises, or for violations by them of his
'egutatioos for the preservation of order and .
jood oonduot, the prevention of visitors and
tojourners therein, the owoer, lessee, or oo
mpaot, may complain to theJodge of the '
Distriot Court, or a Magistrate who, upon ;i
indiog the oomplaint well founded, may, <
iccording to the case, oanse the immediate /
sviotioo of some or all of snoh persons of 1
>olor, and their removal from the premises. ]
iftcr the period aforesaid, they may be i
ijeoted, as is hereinafter provided in case <
>f intruders.
LXXVII. It shall be the doty of the 1
radge of the District Court, or soy Msgis- |
rate, oo complaint made to him that per- !
ions of oolor have intruded into any bouse i
it upon any premises, as'trespassers on "
otherwise, or that they unlawfully remair i
hereio without permission of the owner, on 1
iseertainiog the oomplaiot to be well found- <
>d, to cause such persons to be immediately J
amoved therefrom, and in ease of the to- <
urn of any such person without lawful per- i
nission, the party so pffeudiog may be sub- i
ected to soob fioe and corporeal punish meat <
is the Magistrate or Distriot .Judge, may i
ee proper to impose. <
LXXIII. During the term of service, the <
loose oceupied by any servant is the maser's
"K and, on the expiration of the term of <
or vice, or the, discharge of ?a servant, he <
ibaU'no longer remain on the premises of I
be master; and it shall be the duty of the j
lodge.of the Distriot Court, or a Magis- <
rate, oo complaint of auypersou interested l
ind due proof made, to cause such Servant f
- u- : -JJ.t.l- _ ..j (. w ,
v uu luiiucuiaicijf icluuvuu iiuuj suum piuui*
ses. v 1
LXXIX. Leases of a boose or land to a 3
>ersoo of ciolor shall be io writing. If there '
>e no written lease, or the term of lease <
ball have expired, a person of color in 3
HMseasion shall be a tegaut at will, had <
ball not be entitled to notice; and on 1
tomplaint bj an j person interested to the <
radge of the Distriot Court, or a Magis- ']
rate, such persons of color shall be in- tantly
ejected by order or warrant, unless >
>e produce a written lease authorizing bis 1
lossession, or prove that such writing existid
and was lost. 1
LXXX. Io every case the costs of evio- <
ion may be exaoted, by order or proocss, i
rots tbe person evioted. 1
PAUPERS. J
LXXXI. When a person of color 1
ihall be unable to earn his support, and
s likely to become a charge to the pnb- 1
ic, the father and grind-fathers, moth- i
>r and grand-mothers, child and grand- ]
:hild, brother and sister of such person <
ihall, each, according to his ability, con- 1
ribute. monthly, for the support of such ]
>oor relation, such sum as the District ]
fudge, or one of. the Magistrates, upon i
:omplaint to him, shall deem necessary f
md proper, and on failure to pay such i
ium? the same shall be collected by sum- 1
nary order or. process. <
L XXXII. In each Judicial District; 1
(xcept the Judicial District of Charles- <
on, m which there shall be one Board <
or the Election District of Charleston, 1
,nd one for the election District of <
Berkeley, there shall be established a y
Joard, to be known as the "Board of z
lelief of Indigent Persons of Color," i
rhich shall consist of a Chairman and 1
iOt less than three, nor more than 'seven s
ther members, all of whom shall be i
lacistrates of the District, and be se- s
*cted by the District Judge. f
LXXXIII. This Board shall meet e
t the Court House on the Tuesdays s
ext after the first Monday in Februa- a
j and August in every year, and at a
ther times and places, fixed by its own e
ppointment, or the summons of its I
Jhairman, and it may, at its pleasure, e
ppoint sub-Boards, to be Composed of a
ach of*its own members and other .t
lagistrates of the* District as it may r
* " 8
LXXXIV. By the^ Board the Dis- p
ict shall, as soon as practicable, be di- n
ided into precincts, within each of which
>me Magistrate shall reside. The f<
oard is required to keep exact minutes w
p .11 _1 JV l .1 l ?
[ .an us proceedings, ana in cnese snail l
spear the boundaries of each precinct, I
i from time to time they may be ar- si
mged. v e
LXXXV. A District Court fund si
tall be established in each District, to n
! composed of aids paid for the appro- o
d of contracts between master and si
rvant, and of instruments of appren- 01
jeship, and for licenses granted by the tl
istrict Judge, all fines, penalties and is
rfeitures eollected under order or pro- pi
ss from the District Court or a Mag- d<
rate of the District,, fees for aoDeal tb
3m the District Judge, wages of con- tr
jts? and taxes collected under the or- wi
r of the Board of Relief of Indigent jpi
(rsons of Color. hi
LXXXYI. If the District Court th
ad, after payment of the sums with pi
ich it is charged, on .account "of the he
tary of the Judge of the District fr
urt, Superintendent of Convicts, Jn- fr
0, and other expenses of the Coui^t, pc
ind of convicts, shall be insufficient to
rapport indigent persons, of color^who
nay be proper charges on the public,
;he Board aforesaid shall hare power to
mpose for that pnrpose, whenever it
nay be required, a . tax of one dollar
>n each male person .of color between
he vgea of eighteen and fifty years,
md fifty cents on each unmarried fnnale
person of color between the ages
if eighteen and, forty-five ; to . be Selected
in each precinct by a Magistrate
thereof: Provided, That said imposi- [
tion of a tax shall be approved in writing
by the Judge of the District Court,
ind that his approval shall appear in
the journals of that Court.
LXXXVIL. For collection of a tax
imposed by the Board aforesaid, every
Magistrate of a precinct shall give ten
Say's public notice, within his precinct;
of the_ classes of persons liable to the
tax, the sum which is required from
every person 01 eacp crass, aim ?f ?"?
day when payment shall be made.?
Every person liable to pay, who fails to
pay on the day appointed, shall become
liable to pay a doable tax, if he shall
not make to the Magistrate a. satisfactory
excuse; and against him the Magistrate
may issue process in the nature
of fieri facias, special attachment, and
other process most likely to exact payment
; any or all of which shall be executed
by a constable or the Sheriff.
frXXXVHL It shall be the duty of
every person who is the occupant of a
house or premises, within seven days after
notice to report, in writing andbn
oath to a Magistrate of the precinct in
which .such house or premises are, the
names, sexes, ages and occupations of all
persons of color in the said house, or
on the said premises, who are unable to
earn a livelihood for themselves and
respective families, with- the cause of
disability to each one, and also in^j(|aspect
to each one of such -persons the
name, pt&ce of abode, and ability, sq
far as may be known, of every relation
who is, according to the provisions hereinbefore
contained, bound to contribute
to the support of such person. For
every failure, without good excuse, to
make report, as herein required,' an occupant
of house or premises, as aforesaid,
shall be liable to a fine not exceed-,
in* twenty dollars, nor less than five
dollars; to be paid immediately; or if
it should not, be paid, substitution of
ether punishment to take place, as in
ether cases of fines not paid.
LXXXLX.rlt shall be' the duty of
every magistrate to make diligent inquiry
into the condition and wants of
she colored poor within his precinct; to
jive public notice when reports from
jeeupants as aforesaid are required; to
require sucn reports witnm a montn DeFore
each regular meeting of the Board
^Relief of Indigent Persons of Color,
ind whensoever else- the said Board
may direct; to examine such reports
when made, to him ; from them and othjr'informatiou,
tjp ascertain the correctness
of the facts therein stated; to
jnfcrrce, as farjas possible, the obligation
of persons bound, as before provided,
to contribute to the support of poor
relations^ and to make reports to the
Board aforesaid as hereinafter directed,
wid to the District Court as is required
by the 'Act to establish District Courts.'
XC. Every Magistrate shall, besides
the quarterly reports which he is required
to make to the District Court,
nake, on the Monday next preceding
the first Monday of February and August,
every year, a semi-annual report
jO the Chairman of the Board aforesaid;
which report shall clearly exhibit, for
the time since his last' preceding semiannual
report, all his receipts, all his
payments, all his commissions, the condition
of the colored population within
lis precinct, the name, sex,*age, occupation
and particular disability of every
person of color in that population who
-eqtrires assistance from the public; the
ium which, in his .opinipn, is necessary
?or such person, and the sum required
:'or his whole precinct. In the receip ts
;he distinction shall be observed , between
collections "and moneys turned
>ver "to the Mains trate by some other
jfficcr, the particulars and sum of each I
>eing shown. The collections shall be
jiassified according to the-sources from
rincb they proceeded, or for intance
lids from contract?, aids frominetrunents
of apprenticeship, fines, taxes.
Jnder taxes shall appear the name and
iex of the person from whom each item
vtLs collected. The sums paid for the
lupport of your relations, and by, and
"or whom, shall be set forth. In the
(xpenditures distinctions shall be ob
erred between tno actual disDusements
,nd sums turned over to other officers; .
,nd the different purposes of disburseaents
be arranged under suitable heads..
Svery expenditure must be accompanid
by a proper voucher unless it should
ppear that it was impracticable to Chain
one. , Fox any failure to make a
eport as herein required* a Magistrate
hall be liable .to an indictment, shall
ay a fine not, exceeding fifty dollars,
or-more than twenty dollars. .
XCL The Chairman of the Board a- '
)resaid, besides the quarterly reports
;hich, by the "Act to establish District
!ourts," he is required to make to the "
listrict Coulrt, shall at each regular
itting of the said Board, and whenso- :
ver else he may be required by the 11
lid Board, or by the District Judge, I ^
take to the Board, in respect to his '
wn acts as Magistrate of a precint^ 1
ich a report as is required from an- I
ther Magistrate; lay before lite Board *
te reports made to him by other Magi i
trates; and also to make a full and
irticular rejport, in which.shall Wison" 1
msed the information obtained from 1
e semi-anntfal reports of the Magis- c
ates, so as to-show; the condition and ints
of the whole District and of each
ecinct J Which report shall also exbit
the receipts and expenditures for
e whole District since the report last /
eceding, arranged under, proper
ladsy so as to show the snms received f<
om each source, and by what Magis- I
ate, the sums (Hsbursed-for eachpur- ?
reference to patroers'fcad'j^^flEtt
Court fund, and it shall re^PJajga
j
shall, under the order of
as may. be directed. The minutes, of
next report of tlie^^Ch^rrnau^f tiw- ^
the District Court in whic^s^^^yment
isset^d^^
months to return to the Districts from I
and some lawful and reputable eftrplOy- J
merit; tho^who h&Ye j
or frequent disorderly or disrepu^S J
houses or places; those who, not h*r- g
ing sufficient means of support, are able H
to work and do not wort; those who %
lessees or mechanic^) .do not provide a j
license, any tragedy, interlude, comedy,
farce, play; or other similar entertainment,
exhibition of the circus, sleightof-hand,
wax work or the like; those who
for private gain, without license, m
any concert or musical entertainment,
Bbiuuy ucggai o, vuuuuuu uiuukmmt: II
those who hunt game of any descrip- t
tion, orfishon t nehuiddf'$thers,or 1
will of the occupants; shall be deemed
vagrants, and be hable to the punish- V
ment hereinafter provided 1 w
XCVII. Upon infbi^nation, or oath 1
of another, or upon his own knowledge,
the District Judge or Magistrate*-j&gii
issue a warrant for the arf^st
person of color known, or believed, to
be a vagrant, within the meaning -<o?f
fVii? Apt Tin Yfii i inl i nl i in iilrtrfi V- :
to try, with the assistance pf five froSholders,
or call into hie aid another
Magistrate, and the two nuwproceed to
holders, as is provided* by the Act of
1787, concerning vagrants; or th?
Magistrate may commit the accused to
be tried before the District Court; Oft
conviction, the defendant shall be liable
to imprisonment, and tq hard labtoty-one
or both, as shall be fixed by
to hard labor, after conviction* may, by
order of the District Judge Or buupto ?
trate, before whom he was convicted, be wB
hired fpr Buch wages as canbeobtakwd 1
for his services, to any owner or lessee
of a farm, for the term of hard labor
for which lie was sentenced, or be bared
lie roads or public buildings. The person
receiving such vagrant shall have
ire herein provided in the cal of mae;er
and Bgrvan^^BWiiijSBW^^^
XCIX. These provisions concerning
vagrancy sha.U not be conBtruediec ft*
>eal any other &ot or Acts, in whQle
I p m ?paaaitenS heiswitL gg '
a -M