Sidor som bilder

be conveniently employed, or under the supervision of the sheriff, a constable, jailer, or other person, that may be appointed by the district judge or the sheriff; or it shall be work on any building or other undertaking, or in any business of a private individual, who may pay reasonable wages, and can safely be intrusted with the supervision, the judge or the sheriff, under the directions of the district judge, making choice of the place and manner of employment froin time to time. In any case the work may, according to the directions of the judge, be without unusual pain or restraint; or it may be done in a chain-gang. or with ball and chain, or under other pain or burden, or it may be without, or may be attended with confinement. A magistrate shall, as to cases before him, have the powers here given to the district judge.

26. Corporal punishment is intended to include only such modes of punishment, not affecting life or limb, as are used in the army or navy of the United States, adapted in kind and degree to the nature of the offence. The sentence in each case, and directions of the judge or magistrate, shall define it. Whipping, when it is provided for by the law, shall be inflicted as heretoforc.

29. Upon view of a misdemeanor committed by a person of color, or by a white person towards a person of color, a magistrate may arrest the offender, and, according to the nature of the case, punish the offender summarily, or bind liim, in recognizance with sufficient sureties, to appear at the next monthly sitting of the district court, or commit him for trial before the district court.

30. Upon view of a misdemeanor committed by a person of color, any person present may arrest the offender and take him before a magistrate to be dealt with as the case may require. In case of a misdemeanor committed by a white person towards a person of color, any person may complain to a magistrate, who shall cause the offender to be arrested, and, according to the nature of the case, to be brought before himself, or be taken for a trial in the district court.

Approved December 19, 1865.

AN ACT to establish district courts.

7. The district court shall have exclusive jurisdiction, subject to appeal of all civil causes where one or both of the parties are persons of color, and of all criminal cases, wherein the accused is a person of color, and also of all cases of misdemeanor affecting the person or property of a person of color, and of all cases of bastardy, and all cases of vagrancy, not tried before a magistrate. In these cases, the same laws, fees, powers and practice shall prevail in the district court as in the superior court, except as to juries, concerning which provision is hereinafter made, and except as to matters of forin, concerning which power is hereinafter given to the court of appeals. In the district court prosecutions shall be conducted by the attorney general, or solicitor of the circuit, to which the district belongs, or by a deputy appointed by such attorney general, or solicitor; or in the absence of all of these, by an attorney, appointed by the district judge.

Whenever in any case affecting the person or property of a person of color, which arises within the district of a district judge, that judge may have an interest, the process may be made returnable and the case be tried before the district court of any adjoining district, which the plaintiff or actor in the case may select.

10. The judge of a district court shall have the powers in respect to habeas corpus which two magistrates have under the ninth section of the “ act concerning the office and duties of magistrates," passed A. 1. 1839; he may admit to bail in all cases bailable, and in all cases triable in his court, and may also exercise jurisdiction under habeas corpus at common law, in all cases within his district where the liberty of a person of color is restrained, or the liberty of any person is restrained by a person of color; except that he shall not have the power

of a judge of a superior court to discharge or let to bail a white person charged with a felony not clergyable, against whom a true bill has been found.

14. On the first Monday of every month shall be a monthly sitting of the district court, which shall continue as long as the despatch of business shall require. At this sitting may be tried small and mean causes ; small matters, civil and criminal, between persons of color; between white persons and persons of color, between master and servant, between master and apprentice, and between employer and laborer. Petty misdemeanors imputed to persons of color, complaints by persons of color against white persons, of misdemeanors, for which a fine not exceeding twenty dollars is a sufficient punishment, civil suits involving not more than twenty dollars, in which a person of color is a party, and questions concerning vagrants and paupers, not requiring a jury.

29. An indictment against a white person for the homicide of a person, of color shall be tried in the superior court of law, and so shall all other indictirents in which a white person is accused of a capital felony, affecting the person or property of a person of color.

30. In every case, civil and criminal, in which a person of color is a party, or which affects the person or property of a person of color, persons of color shall be competent witnesses.

31. A magistrate shall have jurisdiction over small disputes, controversies, and complaints that may arise in his neighborhood between persons of color, or between persons of color and a white person, and of petty misdemeanors, committed by, or toward, a person of color ; between master and servant, between master and apprentice, and between employer and laborer; and civil suits, involving not more than twenty dollars, in which a person of color is a party ; his power in no case going beyond a judgment, fine, or forfeiture of twenty

He specially shall be charged with the supervision of persons of color in his neighborhood, their protection, the prevention of their misconduct and depredations; and a cautious regard to the peace, liealth, and safety of his neighborhood.

33. Questions of color and caste shall, subject to the right of appeal on either side, be conclusively determined by a verdict rendered upon an issue of fact; joined in a case of prohibition or mandamus. The writ in such case may be granted upon application made by, or in behalf of, any person alleged to be a person of color, against any sheriff, magistrate, or other officer who is proceeding in a way that would be proper toward a person of color, but not proper toward a white person, or who refuses at the instance of the person in question to do what a white person would have a right to demand to be done. It may be granted by any judge of a superior court, or by the judge of the district court to whose district the officer belongs, the burden of proof being, by the order of the judge, thrown upon that party against whom his opinion inclines, according to the judgment which he may form upon inspection of the person in question, affidavits, or documents. The issue shall be tried in the superior court of law for the district aforesaid. Inspection of the person in question, and of his kindred, testimony direct or from reputation, concerning his parentage, and direct testimony concerning his conduct and reception in society, may enter into the evidence. The attorney general or solicitor of the circuit shall, ex officio, represent the officer, the party in issue. A judicial proceeding, not such as is here made conclusive, previously had, in a case wherein the person in question was a party, or wherein his caste was collaterally tried in a case between other parties, may be received in evidence, but shall not be conclusive, or have weight beyond what, under the circumstances, the jury may give.

34. An action or legal proceeding not involving the title to land, in which a person of color is plaintiff or defendant, must be commenced as below specified, or it will be barred, namely: An action founded upon a tort, within three months from the time the cause of action arose ; an action founded upon a contract not in writing, within six months from the time the cause of action arose; an action founded upon a contract in writing, wherein the debt or damages do not exceed two hundred dollars, within twelve months from the time the cause of action arose; except that at first a payment of part, with distinct acknowl. edgment of a balance due, or an express promise to pay a well defined sum, shall constitute a new era, from which the period of limitation shall run on a matter of contract.

35. In reference to wills, executors and administrators, distribution of estates after payment of debts, the rights and remedies of legatees and next of kin, and all o her matters relating to testators and intestates, the same law which applies to white persons shall extend to persons of color.

Approved December 19, 1865.

AN ACT to establish and regulate the domestic relations of persons of color, and to amendi

the law in relation to paupers and vagrancy.

Husband and wife. 1. The relation of husband and wife among persons of color is established. 2. Those who now live as such are declared to be husband and wife.

3. In case of one man having two or more reputed wives, or one woman two or more reputed husbands, the man shall, by the first day of April next, select one of his reputed wives, or the woman one of her reputed husbands, and the ceremony of marriage between this man or woman and the person so selected shall be performed.

4. Every colored child heretofore born is declared to be the legitimate child of his mother, and also of his colored father, if he is acknowledged by such a father.

5. Persons of color, desirous hereafter to become husband and wife, should have the contract of marriage duly solemnized.

6. A clergyman, the district judge, a magistrate, or any judicial officer, may solemnize marriages.

7. Cohabitation, with reputation or recognition of the parties, shall be esidence of marriage in cases criminal and civil.

8. One who is a pauper or a charge to the public shall not be competent to contract marriage. Marriage between a white person and a person of color sball be illegal and void.

9. The marriage of an apprentice shall not, without the consent of the master. be lawful.

10. A husband shall not for any cause abandon or turn away his wife, nor a wife her husband. Either of them that abandons or turns away the other may be prosecuted for a misdemeanor, and, upon conviction thereof before the distriet judge, may be punished by fine and corporal punishment duly apportioned to the circumstances of aggravation or mitigation. A husband not disabled, who has been thus convicted of having abandoned or turned away his wife, or has been shown to fail in maintaining his wife and children, may be bound to service by the district judge, from year to year, and so much of the profits of his labor as may be requisite applied to the maintenance of his wife and children, the distribution between them being made according to their respective merits and necessities. In like manner, a wife not disabled, who has been thus convicted. may be bound, and the proceeds of her labor applied to the maintenance of her children. In either case, any surplus profit shall go to the person bound. At the end of any year for which he was bound, the husband may return to, or receive back, his wife, and thereupon shall be discharged, upon condition of his afterwards maintaining his wife and children. A like right a wise shall have at the end of a year for which she was bound, on condition of her making future exertions to maintain her children.

11. Whenever a husband shall be convicted of having abandoned or turned away his wife, she shall be competent to make a contract for service, and until he shall return to her, or receive her back, she shall have all the rights, and be subject to all the liabilities, of an unmarried woman, except the right to contract marriage. When either husband or wife has abandoned the other in any district, and that other remains there, if, upon the warrant or summons against the one charged with misdemeanor under the section next preceding, there be a return by a sheriff or constable, under oath, that the accused has left the district, or absconds, so that there cannot be personal service, the prosecution may proceed as if the accused had been arrested, and, upon conviction, all the other consequences shall follow, except punishment, and that shall be reserved until the accused may be brought into court, when an opportunity shall be given for disproving the truth of the return, and setting aside the conviction.

Parent and child. 12. The relation of parent and child among persons of color is recognized, confers all the rights and remedies, civil and criminal, and imposes all the duties, that are incident thereto by law, unless the same are modified by this act, or some legislation connected therewith.

13. The father shall support and maintain his children under fifteen years of age, whether they be born of one of his reputed wives or of any other woman.

Guardian and ward.

14. The relation of guardian and ward, as it now exists in this State, with all the rights and duties incident thereto, is extended to persons of color, with the modifications made by this act.

Master and apprentice. 15. A child over the age of two years, born of a colored parent, may be bound by the father, if he be living in the district, or in case of his death or absence from the district, by the mother, as an apprentice to any respectable white or colored

person who is competent to make a contract; a male until he shall attain the age of twenty-one years, and a female until she-shall attain the age of eighteen years.

16. Illegitimate children, within the ages above specified, may be bound by the mother.

17. Colored children between the ages mentioned, who have neither father nor mother living in the district in which they are found, or whose parents are paupers, or unable to afford to them maintenance; or whose parents are not teaching them habits of industry and honesty; or are persons of notoriously bad character, or are vagrants; or have been, either of them, convicted of an infamous offence, may be bound as apprentices by the district judge, or one of the magistrates, for the aforesaid term.

18. Males of the age of twelve years, and females of the age of ten years, shall sign the indenture of apprenticeship, and be bound thereby.

19. When the apprentice is under these ages, and in all cases of compulsory apprenticeship where the minor refuses assent, his signature shall not be necessary to the validity of the apprenticeship. The master's obligation of apprenticeship in all cases of compulsory apprenticeship, and cases where the father or mother does not bind a child, shall be executed in the presence of the district judge, or one of the magistrates, certified by him, and filed in the oflice of the clerk of the district court.

Ex. Doc. 6—14

20. The indenture of voluntary apprenticeship shall be under seal, and be signed by the master, the parent, and the apprentice, attested by two credible witnesses, and approved by the district judge, or one of the magistrates.

21. All instruments of apprenticeship shall be executed in dupl cate, one of which shall be retained by the master and the other be filed in the office of the clerk of the district court. For the approval of an instrument of apprenticeship thus executed in duplicate, the master sball pay an aid of three dollars to the magistrate or district judge, as the case may be.

22. The master or mistress shall teach the apprentice the business of husbandry, or some other useful trade or business, which shall be specified in the instrument of apprenticeship; shall furnish him wholesome food and suitable clothing; teach him habits of industry, honesty, and morality; gorern and treat him with humanity, and if there be a school within a convenient distance in which colored children are taught, shall send him to school at least six weeks in every year of his apprenticeship, after he shall be of the age of ten years : Provided, That the teacher of such school shall have the license of the district judge to establish the same.

23. The master shall have authority to inflict moderate chastisement and impose reasonable restraint upon his apprentice, and to recapture him if he depart from his service.

24. The master shall receive to his own use the profits of the hire of his apprentice. The relation of master and apprentice shall be dissolved by the death of the master, except where the apprentice shall be engaged in husbandry; and may be. dissolved by the order of the district judge, when both parties consent, or it shall appear to be seriously detrimental to either party. In the excepted case it shall terminate at the end of the year in which the master died.

25. In case of the habitual violation or neglect of the duties berein imposed on the master, and whenever the apprentice is in danger of moral contamination by the vicious 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 right 10 complain to the district judge that the master does not exercise proper discipline over his apprentice, to the injury of his neighbors ; and if upon investigation it shall be so found, the relation between the parties shall be dissolved.

26. In cases of alleged violation of duty, or of misconduct on the part of the master or apprentice, either party may make complaint 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 dissolution of the relation of the parties; and if the master be found to be in default he shall be fined not exceeding twenty dollars and costs; and if the apprentice be in default he may be corrected in such manner as the magistrate may order. A frivolous complaint made by either party shall be regarded as a default.

27. In cases in which the district judge shall order the apprentice to be discharged for immoderate correction or unlawful restraint of the apprentice, the master shall be liable to indictment, and, on conviction, to fine and imprisonment, at the discretion of the court, not exceeding a fine of fitty dollars, and imprisonment of thirty days; and also to an action for damages by the apprentice.

28. All orders made by a magistrate touching the relation of master and apprentice shall be filed in the office of the clerk of the district court.

29. A mechanic, artisan, or shopkeeper, or other person who is required to have a license, shall not receive any colored apprentice without having first obtained such license.

30. At the expiration of his term of service the apprentice shall have the right to recover from his master a sum not exceeding sixty dollars.

31. To an apprentice shall apply the provisions hereinafter made for a serant under contract, so far as respects the regulations of labor, the duties of the

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