The daily phoenix. (Columbia, S.C.) 1865-1878, December 21, 1865, Image 2
XXXIX. A pierson of ?>l?r,"'Vho lias n? parent nving in the "District,
and is ten years of age, and is not an apprentice, may make a valid contract
for labor or service for one year or less.
XL. Contracts between masters and servants may be set aside for fraud
or unfairness, notwithstanding they have been approved.
XLI. Written contracts betwceu masters and servants, shall be presented
for approval, within twenty days after their execution.
XLLL Contracts for one month or more, shall not be binding on the
servant, unless they are iu writing,, and have been presented for approval
within the time aforesaid.
XLLTL For any neglect of the duty to make a contract as herein
directed, or the evasion of that duty by the repeated employment of the
same persons for periods less than one month, the party offending shall bo
guilty of a misdemeanor, and be liable on conviction to pay a sum not
exceeding fifty dollars, and not less than five dollars, for each person so
employed. No written contract shall be required, when the servant
voluntarily rec?is no renumeration, except food and clothing.
XLIV. For the approval of contracts, the following sums, to be called
aids, shall be paid to the District J udge or the Magistrate, as tho case may
be, in cash, when the contract is approved, provided no aid shall be paid
for any servant under twelve years of age :
For a contract for one month or less, for each servant. .?>0 25
For a contract not exceeding three months and more than one 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 year, or any timo more than six months, for
each servant.*. 1 00
For a contract for more than one year, for each year or part of a
year over one year, for each servant. 1 00
One half of which aids shall be paid by the master, and one-half by tho
servant.
REGULATIONS OF LABOR ON FARMS.
XLV. On farms or in out-door service, tho hours of labor, except on
Sunday, shall be from sun-rise to sun-set, with a reasonable interval for
breakfast and dinner. Servants shall riso at the dawn, in the morning,
feed, water and care for the animals on the farm, do the usnal and needful
work about the premises, prepare their meals for the day, if required by
the master, and begin the farm work or other work by sun-rise. The
servant shall bo careful of ali the animals and property of his master, and
especially of the animals and implements used by him, shall protect the
samo from injury by other person?, and shall be answerable for all
property lost, destroyed or injured by his negligence, dishonesty, or bad
faith.
XL VI. All lost time, not caused by the act of the master, and all losses
occasioned by neglect of the duties hereinbefore prescribed, may be
deducted from the wages of the servant ; and food, nursing and other j
necessaries for the servant, whilst lie is absent from work on account of
sickness or other cause, may also bo deducted from his wages. Servants I
shall be quiet and orderly in their quarters, at their work, and on the I
premises ; shall extinguish their lights and fires, and retire to rest at
seasonable hours. Work at night, and out-door work in inclement weather, j
shall not be exacted unless in case of necessity. Servants shall not be i
kept at home on Sunday, unless to take care of the premises, or animals |
thereupon, or for work of daily necessity, or on unusual occasions ; and in
such cases only so many shall be kept at home as are necessary for these j
purposes. Sunday work shall be done by the servants in turn, except in j
eases of sickness or other disability, when it may be assigned to them out ?
of their regular term. Absentees on Sunday shall return to their homes
by sun-set.
"XLVIT Tho mutter may glvo to a oci-vaiit a taSili. ?t WOflS UbOUt the
business of the farm, which shall be reasonable. If the servant complain i
of the task, the District Judge, or a Magistrate, shall have power to
reduce or increase it. Failure to do a task, shall be deemed evidence of
indolence, but a single failure shall not be conclusive. When a servant is '
entering into a contract, he may be required to rate himself as a full hand, ?
three-fourths, half, or one-fourth hand, and according to this rate, in- ?
sorted in the contract, shall be the task, and of course tho wages.
XL VIII. Visitors or other persons shall not be invited or allowed by the
servant, to come or remain upon the premises of the master, without his
express permission.
XLLX. Servants shall not be nbsent from the premises without the
permission of the master.
RIGHTS OF MASTER AS BETWEEN HIMSELF AND HIS SERVANT.
L. When tho servant shall depart from the service of the master without
good cause, he shall forfeit the wages due to him. The servant shall obey
all lawful orders of the master or his agent, and shall be honest, truthful,
sober, civil and diligent in his business. The master may moderately
correct servants who have made contracts, and are under eighteen years of
age. He shall not be liable to pay for any additional or extraordinary
services or labor of his servant, the same being necessary, unless by his
express agreement. *
CAUSES OF DISCHARGE OF A SERVANT.
LI. The master may discharge his servant for wilful disobedience of the
lawful order of himself or his agent habitual negligence or indolence in
business ; drunkenness, moral or legal misconduct ; want of respect and
civility to himself, his family, guests or agents ; or for prolonged absence
from the premises, or absence on two or more occasions without permis?
sion.
LIL For any acts or things herein declared to be causes for the dis?
charge of a servant, or for any breach of contract or duty by him, instead
of discharging tho servant, the master may complain to the District Judge
or one of the Magistrates, who shall have power, on boing satisfied of the
misconduct complained of, to inflict, or cause to bo inflicted, on the ser?
vant suitable corporal punishment, or impose upon him such pecuniary
fine as may bo thought fit, and immediately to remand him to his work ;
which fine shall be deducted from his wages, if not otherwise paid.
LILI. If a master has made a valid contract with a servant, the District
Judge-or a Magistrate, may compel such servant to observe his contract,
by ordering infliction of the punishment, or imposition of the fine here?
inbefore authorized.
RIGHTS OF MASTER AS TO THIRD PERSONS.
LIV. Tho master shall not be liable for the voluntary trespasses, torts
or misdemeanors 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 bo done within the scope of tho authority entrusted
to him by the ma .ter, or in the course of his employment for tho master ;
in which excepted cases the master shall be answerable for tho fraud,
negligence or want of skill of his servant. The master's right of self
defence shall embrace his servant. It shall bo his duty to protect his
servant from violenco by others, in his presence, and he may render him
aid and assistance in obtaining redress for injury to his rights of person
or property.
LV. Any person who shall deprive a master of the service of his ser?
vant, by enticing him away, or by harboring and detaining him, knowing
him to be a servant, or by beating, confining, disabling or otherwise
injuring him, shall bo liable, on conviction thereof, to a fine not exceeding
two hundred dollars, and not less than twenty dollars, and to imprisonment
or hard labor, at the discretion of the Court, not exceeding sixty days
and, also, to an action by the master to recover damages for loss of services.
LVI. The master may command his servant to aid him for the defence
of his own person, family, premises or property ; or of the person oi
property of any servant on tho premises of tho master ; and it shall bi
the duty >f thc servant promptly to obey such command.
LVii. Thc master shall not be bound to furnish medicine or medica
assistance for his servant, without his express engagement.
Lvill. A master may give thc character of ono -who has been in his
service to a person who may make inquiry of him ; which shall be* privi?
leged communication, unless it be falsely and- maliciously dven. And no
servant shall have power to make a new contract, without the production
of the discharge of his former master,' District Judge cr Magistrates.
LIX. Any person who shall wilfully misrepresent the character of a j
servant, whether he has been in his service or not,- either for moral quali?
ties, or for skill or experience in any employment or service, shall be liable
to an action for~damages by any one who has been aggrieved thereby.
LX. Upon the conviction of any master of larceny or felony, the
District Judge shall have the right, upon tho demand of any white free?
holder, to annul the contract between such convict and his colored ser?
vants. If any white freeholder shall complain to the District Judge that
any master so manages and controls his colored ^servants as to make them
a nuisance to the neighborhood, the Judge shall order an issue to be made
up and tried before a Jurv, and if such issue is found in favor of thc com?
plainant, the District Judge shall annul the contract between such master
and his colored servant or servants, and in each of tho cases above provi?
ded for, ho shall not approve any subsequent contract between such person
and any colored servant for two years thereafter.
RIGHTS OF SERVANT AS BETWEEN HIMSELF AND MASTER.
LXI. The servant may depart from the master's service for an insufficient
supply of wholesome food; for an unauthorized battery upon his own
person, or ono of his family, not committed in defence of the person,
family, guests or agents of tho master, nor to provent a crime or aggra?
vated misdemeanor; invasion by tho master of tho conjugal rights of tlie
servant; or his failure to pay wages when duo; and may recover wages
due for services rendered to tho time of his departure.
LXH. The contract for service shall not bo terminated by the death of
thc master, without the assent of the servant. Wages due to white
laborers and to white and colored servants, shall rank as rent does in caso
of tho insufficiency of tho master's property, to pay all debts and demands
against him, but not moro than one year's wages shall be so preferred.
When wrongfully discharged from service, tho servant may recover wages
for tho whole period of service according to the contract. If his wages
bavo not been paid to tho day of his discharge, he may regard his contract
rescinded by the discharge, aud recover wages up to that time.
LXTJ I Tho master shall receive into his employment tho servant with
whom ho has mado a contract, but any of tho causes which may justify
him in discharging a servant, shall justify him in refusing to receive him.
LXTV. The master shall, upon the discharge, or at the expiration of his
term of service, furnish the servant with a certificate of discharge, and at .
the request of the servant, give him a certificate of character.
MUTUAL RIGHTS O? MASTER AND SERVANT.
LXV. Whenever a master discharges a servant, the servant may make
immediate complaint to a District Judge, or Magistrate, and whenever a
servant^departs from his master's service, tho master may make like com?
plaint. * In either case, tho District Judge, or Magistrate, shall by sum?
mons or warrant, have tho parties brought before him, hear theai and
their witnesses, and decide as to the sufficiency of tho causo of his
disehargo or departure. This decision shall not affect or prejudice any'
further action on either side, but it may avail to restoro the relation of
master and servant between tho parties, if that be ordered. If the servant
be decided to have been unlawfully discharged, and should desire to return
to service under his contract, the master shall bo compelled to receive
him, under thc penalty of twenty dollars, in case of his refusal. If the
master desire the return of a servant, who has been decide! to have
departed without sufficient ca ase, tho servant may be compelled, by fine
and corporal punishment, to return to the service of the master, and per?
form his duties under the contract.
RIGHTS OF SERVANTS AS TO THIRD PERSONS.
LXVI. The servant shallnot be liable for contracts made by the express
authority of his master.
LXVLT. A servant shall not be liable, civi\y or criminally, for any act
done by the command of Iiis master, in defence of tho master's person,
family, guests, agents, servant, premises or property; He shall not be j
liable, in an action ex delicto, for any tort committed on the premises of
the master by his express command.
HOUSE SERVANTS AND OTHERS NOT Di HUSBANDRY.
T.xyin. The ru. . and regulations prescribed for master and servant,
apply to persons in service, as household servants, conferring the same
rights and imposing the same duties, with the following modifications:
ITXTX. Servants and apprentices employed as house servants in the
variouo duties of the household, and in all the domestic duties of the
family, shall, at all hours of the day and night, and on all days of the
week, promptly answer all calls and obey and executo all lawful orders and
commands of the family in whoso service they aro employed.
LXX. It is the duty of this class of servants to be especially civil and
polite to their masters, their families and guests, and they shall receive
gentle and kind treatment.
FOR ALL SERVANTS.
LXXI. In all contracts between master and servant for service, tho
foregoing regulations shall be stipulations, unless it shall be otherwise
provided in tho contract, and the following form shall bo a sufficient con?
tract, unless some special agreement bo mado between the parties:
Form of Contract.
I (name of servant) do hereby agree with (name of master) to bc hi? (hore
insert the words "household servant" or "servant in husbandry," as the
case may be,) from the date hereof, at the wages of (here insert the wages,
to be paid by tho year or month;) and in consideration thereof I (name of
master) agree to receive the said (name of servant) :is such servant, and to
pay him the said wages, this day of 186 .
A. B.
C. D.
Witness, E. F.
I approve the above contract this day of 186
G. H., Judge of thc District Court or Magistrate.
After the words " servant in husbandry'' may be inserted, if it be re?
quired, the words "to be rated as full*hand, three-fourths hand, half
hand, or one-fcviriii hand," as the case may be.
" MECHANICS, ARTISANS AND SHOP-REEFERS.
LXXH. No person of color shall pursue or practice the art, trade or
business of an artisan, mechanic or shop-keeper, or any other trade, em?
ployment or business (besides that of husbandry, or that of a servant
under a contract for services or labor) on his own account and for his own
benefit, or in partnership with a white person, or as agent or servant of
any person, until ho shall have obtained a licenso therefor from tho Judge
of the District Court-which license shall bo good for ono year only. This
license the Judge may grant upon petition of tho applicant, and upon
being satisfied of his skill and fitness, and of his good moral character,
and upon payment, by tho applicant, to thc Clerk of tho District Court
of ono hundred dollars, if a shop-keeper or pedlar, to be paid annually,
and ten dollars, if a mechanic artisan, or to en gago in any other trade,
also to bc paid annually : Provided, however, That upon complaint being
made and proved to the District Judge of an abuse of such licenso, lie
shall revoke the same, and : Provided, also, That no person of color
shall practice any mechanical art or trade, unless he shows that he has
served an apprenticeship in such trade or art, or is now practicing such
trade or art.
LXX Ul. For violation of the prohibition contained in the section next
preceding, the offender, upon conviction thereof before the Judge of thc
District Court, shall pay, for each offence, a lino of double the amount of
such license ; one-half whereof shall go the informer, who shall be a com?
petent witness. *
LXXIV. The sums paid to the Clerk for these licenses shall be aids, and
MARRIED,
On the 14th inst., br the liev. 0. Bruce
Walker, Dr. B. W. T?YLOR, of Columbia,
to ANNA HEYWARD, daughter of Natha?
niel Heyward, Esq., of Beaufort.
Funeral Invitation.
Tho friends and acquaintances of Mr. and
Mrs. MICHAEL McELKONE, and of Mr.
Hugh McElrone and family, are respect?
fully invited to attend the funeral of the
former, from his residence on Main street,
THIS MORNING, at 10 o'clock.
Nomination for the Mayoralty.
MANY friends of Dr. EDWABD SILL
hereby respectfully recommend him for
the Mayoralty of this city, at tho election
to bc held on the first MONDAY in April
next.
It will no doubt bc remembered-espe?
cially by citizens of somewhat mature age
-that, some years ago, Dr. Sill was called,
for three consecutive terms, to preside
over thc municipal affairs of Columbia as
its Intendant, without salary. He is, there?
fore, not without experience in tho duties
of tho office If, then, in the present
aspect of things, there is need of our pos?
sessing the qualifications of industry,
fidelity, economy and thorough business
habits, coupled with official experience,
into whose hands must be committed thc
administrative affairs of the city-then
will those all bo found, in a groat measure,
united in tho individual hereby nominated.
Dec 21 th
A PUBLIC LODGE OF SORBOW, in
memory of Past Grand Master JOHN H.
BOATWRIGHT and Past Deputy Grand
Master R. B. BOYLSTON, will be held on
THURSDAY EVENING, 21st inst., at Ih
o'clock, at tho Baptist Church. A eulogy
will be pronounced by Bcv. J. L. REY?
NOLDS, D. D., Grand Chaplain. The
ladies are respectfully invited to attend.
Thc craft will assemble in rear of tho
Church, at 7 o'clock precisely. Dec 20
a child
Wanted to Hire,
A COMPETENT NURSE for
-?JL year old: white ul' colored.
A first-rate House Servant.
A first-rato Chambermaid.
The best recommendations required.
Apply at this office. Dec 21
Lime! Lime !
BBLS. LIME, for building purposes,
1 for salo LOW by
SHELTON, CALVO A WALSH,
Doc 21 2 Bull street.
5
AND a general assortment of FIRE?
WORKS. For salo by
SHELTON, CALVO" A WALSH,
Bidl st., 1 square West Nickerson's Hotel.
Dec 21_
Annual Meeting of Stockholders
OF
COLUMBIA '"AS-UGHT COMPANY*
riMIE above i.ieeting will take place on
J. THURSDAY, 28th inst., at ll o'clock,
at tho office of Messrs. Clarkson A Talley,
Washington street. JACOB LEVIN,
Secrotarv Columbia Gas-light Co.
Decal %__
Look at This !
SH?DAW & STIEGLITZ,
Main Street, near Wasliinglon,
HAVE just received a fine assortment of
FRENCH CONFECTIONERY.
TOYS.
FIRE-WORKS.
Fino Smoking and Chewing Tobacco.
Besides an excellent assortment of Fancy
Articles, etc., suitable for Christmas pre?
sents. They are also prepared to furnish
parties, etc., with handsomely iced and
ornamented Cakes. An inspection of their
stock is invited. Doc 21
For Christmas!
CANDY, FIRE-WORKS, TOYS, U,
pr rv Lbs. Mixed French SUGAR PLUMS.
OU 50 lbs. JELLY GUM DROPS.
50 lbs. BURNT ALMONDS.
25 " COCOA-NUT CANDY.
FIRE-WORKS of every description.
FI BE CRACKERS, CANDY TOYS and
numerous oilier Christmas presents. Just
received and for sale by
XS. H. MOISE,
Dickens street, opp. Nickerson's Hotel.
Dee 21_2
Wanted to Rent,
A H()L'SE containing about six rooms
JTA- live, at least, with fire-places-with
Kitchen, Storo-room and other usual out
.buddings. One in the suburbs, with a few
acres of land attached, preferable. A,<p!y
at once at this ellice. Dec 19 '?*