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Sec. 3. The master or mistress shall provide for the apprentice diet, clothes, lodging, and accommodations fit and necessary; and such apprentice shall teach or cause to be taught to read and write, and the elementary rules of arithmetic; and at the expiration of every apprenticeship shall pay to each apprentice six dollars, and furnish him with a new suit of clothes and a new Bible; and if, upon complaint made to the court of pleas and quarter sessions, it shall appear that any apprentice is ill-used, or not taught the trade, profession or employment to which he was bound, or that any white apprentice is not taught reading, writing, and arithmetic as aforesaid, the court may remove and bind him to some other suitable person.
Sec. 4. The binding of apprentices shall be by indenture, made in the name of the chairman of the county court of the one part, and of the master or mistress of the other part; which indenture shall be acknowledged or proved before such court and recorded, and a counterpart thereof shall remain and be kept in the clerk's office for the benefit of the apprentice; and any person injured may at his cost prosecute a suit thereon in the name of the cuairman and his successors, and recover all damages which he may have sustained by reason of the breach of the covenants therein contained.
Sec. 5. When the court of pleas and quarter sessions shall bind any child of color, they shall take bond with sufficient security, in the sum of one thousand dollars, payable to the State of North Carolina, from the master or mistress, not 10 remove such colored child out of the county where he is bound, and to produce him before such court at any time when the court may require it; and also to produce him at the expiration of the term of his service, and on failure in either case to produce him, after two several warnings, the county solicitor is hereby directed to bring suit against such person on bis bond, for the use of the apprentice, in which the whole sum shall be recovered as liquidated damages : Provided nevertheless, That any person bound to a seafaring employment may be carried out of the county in the ordinary pursuit of his business : And provided further, That no master or mistress shall be subject to a recovery on said bond who shall make it appear on the trial that he or she was unable to produce the apprentice, by the act of God, or by the act of the apprentice, without any default on the part of the said master or mistress : Provided always, however, That the court may in its discretion accept the surrender of the mastership of an apprentice, at any time, and on such terms as it shall deem just, all which shall be recorded : And provided, moreorer, That if the master or mistress shall remove to an adjoining county, the court may, in its discretion, permit the apprentice to be carried to that county, to the intent that he may there be bound to the person so removing, but to none other; and when, but not before, the said master or mistress shall exhibit to the court which first bound the apprentice a duly certified copy of the second binding, together with the indenture and bond, and the court shall be satisfied therewith, then the said master or mistress shall be deemed and held to be discharged thereafter from the condition of the bond first executed; all which matters shall be recorded, and the certified copy aforesaid shall be filed with the indenture in that court.
Sec. 6. If any apprentice, whether colored or otherwise, who shall be well used by his master, and who shall have received from his said mister not less than twelve months' schooling, shall absent bimself after arriving at the age
of eighteen years from his master's service, before the term of his appreuticeship shall have expired, every such apprentice shall be compelled to make satisfaction to the master for the loss of his service; and in case any apprentice shall refuse to make such satisfaction, his master may recover, by warrant before any justice of the peace, such satisfaction, not exceeding sixty dollars, as the justice may determine ought to be made by such apprentice; or the master may have his action on the case against the apprentice for his default: Provided, That no apprentice shall be compelled to make any satisfaction, but within seven years next after the end of the term for which he shall be bound to serve.
Sec. 7. No housekeeper shall harbor and conceal, or hire any orphan child, without first obtaining leave of some justice of the peace, under the penalty of ten dollars, one-half to the informer and the other half to the poor of the county ; and such justice, on granting permission, shall bind the person by recognizance to bring the said orphan child to the next county court, which shall bind such orphan agreeable to law.
AN ACT preliminary to the legislation induced by the emancipation of slares. Whereas the convention of this State, by the constitution lately ratified, did recognize the emancipation of slaves, and declare that “ neither slavery nor involuntary servitude, except as a punishment for crime, shall ever be re-established in this State ;” and did direct, that for cach district in the State there should be established an inferior court to be styled “the distrieć court, which court shall have jurisdiction of all civil causes wherein one or both of the parties are persons of color, and of all criminal causes wherein the accused is a person of color:” Therefore,
1. Be it enacted by the senate and house of representatives, now met and sitting in general assembly, and by the authority of the same, That this act shall be preliminary to “ An act to establish and regulate the domestic relations of persons.of color, and to amend the law in relation to paupers, vagrants, and bastardy;” “An act to establish district courts,” and “ An act to amend the criminal law,” which acts have been induced by the constitution aforesaid; and that in reference to these acts the following provisions shall obtain :
2. Words importing the singular number only shall be construed to apply to several persons or things, as well as one person or thing, and every word inporting the mascnline gender only shall be construed to extend to a female as well as a male, where the context does not forbid such construction.
3. All free negroes, mulattoes, and meztizoes, all freedmen and freed women, 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 seven-eighths, or more, shall be deemed a white person.
4. The statutes and regulations concerning slaves are now inapplicable to perxons of color, and although such persons are not entitled to social or political equality with white persons, they shall have the right to acquire, own, and disposc
property; to make contracts; to enjoy the fruits of their labor; to sue and be sued, and to receive protection under the law, in their persons erty.
5. All rights and remedies respecting persons and property, and all duties and liabilities under laws, civil and criminal, which apply to white persons, are extended to persons of color, subject to the mo:lifications made by this act, and the other acts herein before mentioned.
Approved December 19, 1865.
IN ACT to amend the criminal law.
Felonies without benefit of clergy. 1. Either of the crimes mentioned in this first section shall be felony without benefit of clergy, to wit: For a person of color to commit any wilful homicide, unless in self-defence; for a person of color to commit an assault upon a white woman, with manifest intent to ravish her; for a person of color to have sexnal
intercourse with a white woman, by personating her husband; for any person to raise an insurrection or rebellion in this State ;
for any person who had been transported under sentence, to return to this State within the period of prohibition contained in the sentence.
Felonies with benefit of clergy. 3. Either of the crimes specified in this third section shall be felony with benefit of clergy, to wit :
for any servant to steal any chattel, money, or valuable security to the value of ten dollars, belonging to or in the possession or power of his master or employer, or being in any dwelling-house.
4. The punishment of felony, with benefit of clergy, for the first offence, shall, at the discretion of the court, be by one or more of the following modes, to wit: Transportation beyond the limits of this state, and prohibition of return for a period not less than five years; confinement in a penitentiary, workhouse, or penal farm for a period not less than three months nor more than ten years, with such imposition of hard labor and solitary confinement as may be directed ; whipping in all cases involving the crimen falsi; confinement in tread-milí or stocks, solitary confinemert, hard labor, corporal punishment; fine not less than one hundred dollars nor more than five thousand dollars. But no punishment more degrading than imprisonment shall be imposed on a white person for a crime not infamous.
5. The offences specified in this fifth section shall be aggravated misdemeanors, to wit:
for any servant to steal any chattel, money, or valuable security, below the value of ten dollars, belonging to, or in the possession or power of, his master or employer, or being in any dwelling-house; for a servant to assault his master or employer, or any member of his master's or employer's family, or any person authorized to direct and control him.
6. All simple larcenies and thefts where the value of the goods and chattels, moneys, and valuable securities stolen is less than ten dollars shall be misdemeanors, punishable by whipping, corporal punishment, hard labor, and the necessary imprisonment, at the discretion of the court.
9. If any person shall incite, procure, hire, or counsel a servant to commit a larceny or cmbezzlement of any chattels, money, or valuable security of his master, such offender shall be guilty of an offence which, according to the event, may be a misdemeanor or a felony. If the said larceny or embezzlement should not be committed by such servant, the offender shall be guilty of a misdemeanor, and upon conviction be punished as if he had been convicted of simple larceny of goods below the value of ten dollars. If the said larceny or embezzlement should be committed by the servant, and be itself only a misdemeanor, the offender aforesaid shall be deemed a principal in that misdemeanor, and upon conviction be punished accordingly. If the said larceny or embezzlement committed by the servant should be a felony, the offender aforesaid shall be an accessory before the fact, may be tried and convicted, whether the principal aforesaid he or be not previously convicted, and upon conviction shall be punished according to the nature of his crime under the law.
10. A person of color who is in the employment of a master engaged in husbandry shall not have the right to sell any corn, rice, peas, wheat, or other grain, any flour, cotton, fodder, hay, bacon, fresh meat of any kind, poultry of any kind, animal of any kind, or any other product of a farm, without having written evidence from such master, or some person authorized by him, or from the district judge, or a magistrate, that he has the right to sell such product ; and if any person shall directly or indirectly purchase any such product from such person of color without such written evidence, the purchaser and seller shall each be guilty of a misdemeanor. The purchaser, upon conviction of any such offence, shall be liable to a fine not exceeding five hundred dollars, and to suffer imprisonment not exceeding twelve months. The seller shall be liable to a fine of at least five dollars, and at least equal to twice the value of the product sold ; and if that be not immediately paid shall suffer corporal punishment.
11. It shall be a misdemeanor for any person not authorized to write or give to a person of color a writing which professes to show evidence of the right of that person of color to sell any product of a farm which, by the section last preceding, he is forbidden to sell without written evidence; and any person convicted of this misdemeanor shall be liable to the same extent as the purchaser, in the section last preceding, is made liable; and it shall be a misdemeanor for a person of color to exhibit, as evidence of his right to sell any product, a writing which he knows to be false or counterfeited, or to have been written or given by any person not authorized, and on conviction of this misdemeanor before the district court, or a magistrate, such person of color shall be liable as in section last preceding the seller is made liable. These provisions shali, mutatis mutandis, extend to cases where the writing professes to be a permit of absence, or a permit of any kind; the fines in any of these cases being at the discretion of the judge or magistrate.
12. Where no special punishment is provided for a misdemeanor it shall, according to its nature and degree, be punished, at the discretion of the court, by one or more of the modes of punishment which, in the fourth section of this act, have been cnumerated for a felony, with benefit of clergy, except transportation.
13. Persons of color constitute no part of the militia of the State, and no one of them, without permission in writing from the district judge, or a magistrate, shall be allowed to keep a fire-arm, sword, or other military weapon, except that one of them who is the owner of a farm may keep a shot-gun or rifle, such as ordinarily is used in hunting, but not a pistol, musket, or other fire-arm or weapon appropriate for purposes of war. The district judge or any magistrate may give an order under which any weapon unlawfully kept may be seized and sold, the proceeds of sale to go into the district court fund. The possession of a weapon in violation of this act shall be a misdemeanor which shall be tried before a district court or a magistrate, and in case of conviction shall be punished by a fine equal to twice the value of the weapon so unlawfully kept, and if that be not immediately paid, by corporal punishment.
14. It shall not be lawful for a person of color to be owner, in whole or in part, of any distillery where spirituous liquors of any kind are made, or of any establishment where spirituous liquors of any kind are sold by retail ; nor for a person of color to be engaged in distilling spirituous liquors, or in retailing the same, in a shop or elsewhere. A person of color who shall do anything contrary to the provisions herein contained shall be guilty of a misdemeanor, and upon conviction may be punished by fine or corporal punishment and hard labor, as to the district judge or magistrate before whom he may be tried shall seem meet.
15. If any person shall falsely personate any master or employer, and shall either personally or in writing give any false, forged, or counterfeited character to any person offering to hire himself as a servant, such person so offending shall be guilty of a misdemeanor.
16. If any person shall knowingly and willully pretend, or falsely assert in writing, that any servant has been hired or retained for any period of time whatsoever, or in any station or capacity whatever, other than that for whiel or in which such servant shall have been hired or retained, such person so offending shall be guilty of a misdemeanor.
17. If any person shall knowingly and wilfully pretend, or falsely assert in writing, that any servant was discharged or left his service at any other time than that at which he was discharged or actually left such service, or that any such servant had not been hired or employed in any person's service, contrary to truth, then, in either of these cases, such person shall be guilty of a misdemeanor.
18. If any person shall offer himself as a servant, asserting or pretending that he hath served in any service in which he shall not actually have served, or with a false, forged, or counterfeit certificate of his character, or shall in any wise add to, alter, efface, or erase any date, matter, or thing contained in or referred to in any certificate given to him by his last or former actual master or employer, or by any other person duly authorized by such master or employer to give the same, then, in either of these cases, such person so offending shall be guilty of a misdemeanor.
19. If any person, having before been in service, shall, when offering to hire himself as a servant in any service whatsoever, falsely and wilfully
pretend not to have been hired and retained in any previous service as a servant, such person shall be guilty of a misdemeanor.
20. In case of conviction of either of the misdemeanors specified in the five sections last preceding, the punishment shall be a fine not exceeding one hundred dollars, and in case the fine shall not be immediately paid, there shall be substitution of other punishments as hereinafter provided.
21. Every wilful trespass is hereby declared to be a misdemeanor, and any person guilty thereof may either be sued for damages or prosecuted for the misdemeanor, at the option of the party injured ; and in case of conviction of the misdemeanor, the punishment shall be a fine, apportioned to the damage done and the circumstances of enormity attending the trespass, with substitution of other punishment as hereinafter provided, if the fine be not immediately paid.
22. No person of color shall migrate into and reside in this State unless, within twenty days after bis arrival within the same, he shall enter into a bond, with two freeholders as sureties, to be approved by the judge of the district court or a magistrate, in a penalty of one thousand dollars, conditioned for his good behavior and for his support, if he should become unable to support himself. And in case any such person shall fail to execute the bond as aforesaid, the district judge or any magistrate is hereby authorized and required, upon complaint and due proof thereof, to issue his warrant, commanding such person of color to leave the State within ten days thereafter. And if any such person so ordered to leave the State shall not leave the State within the time prescribed in such warrant, lie shall, upon conviction thereof, be liable to such corporal punishment as the court, in its discretion, shall think fit to order. And if any such person, so convicted and punished, shall still remain within the State more than fifteen days after the punishment shall have been inflicted, or, having left the State, shall return to the same, he shall, upon conviction thereof, be transported beyond the limits of this State for life, or be kept to hard labor, with occasional solitary confinement, for a period not exceeding five years. And if any person of color who shall have been convicted of any infamous offence in any other State or country shall come or be brought into this State, such person of color, on conviction thereof, shall be transported beyond the limits of this State for life, or kept to hard labor, with occasional solitary confinement, for any period not exceeding fifteen years.
24. When several persons of color are convicted of one capital offence, the jury which tries them may recommend one or more of them to mercy, for reasons which, in their opinion, mitigate the guilt; the district judge may report the case, with his opinion; and the governor shall do in the matter as seems to him meet. The same may be done when only one is convicted of a capital offence. Before sentence of death shall be executed in any case time for application to the governor shall be allowed.
25. Hard labor shall be work on the roads, streets, or public works, under the supervision of a superintendent of convicts, if there be such an officer who can