tract 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 acknowledgment 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 other 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 amend 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 evidence 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 shall 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 district 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 wife 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 office 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 shall 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; govern 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 herein 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 to 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 fifty 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 ser ant under contract, so far as respects the regulations of labor, the duties of the

servant, the rights of the master as to third persons, and the rights of servants as to third persons; except that to an apprentice the master shall be bound to furnish necessary medicine and medical assistance.

Contracts for service.

35. All persons of color who make contracts for service or labor shall be known as servants, and those with whom they contract shall be known as mas

ters.

36. Contracts between masters and servants for one month or more shall be in writing, be attested by one white witness, and be approved by the judge of the district court or by a magistrate.

37. The period of service shall be expressed in the contract; but if it be not expressed it shall be until the twenty-filth day of December next after the commencement of the service.

38. If the rate of wages be not stipulated by the parties to the contract, it shall be fixed by the district judge or a magistrate, or on application by one of the parties, and notice to the other.

39. A person of color who has no parent living 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.

40. Contracts between masters and servants may be set aside for fraud or unfairness, notwithstanding they have been approved.

41. Written contracts between masters and servants shall be presented for approval within twenty days after their execution.

42. Contracts for one month or more shall not be binding on the servants unless they are in writing, and have been presented for approval within the time aforesaid.

43. 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 be 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 receives no remuneration except food and clothing.

44. For the approval of contracts the following sums, to be called aids, shall be paid to the district judge, or the magistrate, as the 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 any contract for one month or less, for each servant, twenty-five cents; for a contract not exceeding three months and more than one month, fifty cents; for a contract not exceeding six months and more than three months, for each servant, seventy-five cents; for a contract for one year or any time more than six months, for each servant, one dollar; for a contract for more than one year, for each year or part of a year over one year, for each servant, one dollar. Onehalf of which aids shall be paid by the master, and one-half by the servant.

Regulations of labor on farms.

45. On farms, or in out-door service, the hours of labor, except on Sunday, shall be from sunrise to sunset, with a reasonable interval for breakfast and dinner. Servants shall rise at the dawn in the morning, feed, water, and care for the animals on the farm, do the usual and needful work about the premises, prepare their meals for the day, if required by their master, and begin the farm work or other work by sunrise. The servant shall be careful of all the animals and property of his master, and especially of the animals and implements used

by him; shall protect the same from injury by other persons, and shall be answerable for all property lost, destroyed, or injured by his negligence, dishonesty, or bad faith.

46. 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 necessaries for the servant while he is absent from work on account of sickness or other cause, may also be deducted from his wages. Servants shall be quiet and orderly in their quarters, at their work, and on the premises; shall extinguish their lights and fires, and retire to rest at seasonable hours. Work at night, and out-door work in inclement weather, shall not be exacted unless in case of necessity. Servants shall not be 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 purposes. Sunday work shall be done by the servants in turn, except in cases of sickness or other disability, when it may be assigned to them out of their regular turn. Absentees on Sunday shall return to their homes by sunset.

47. The master may give to a servant a task at work about the business of the farm which shall be reasonable. If the servant complain 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, inserted in the contract, shall be the task, and of course the wages.

48. 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.

49. Servants shall not be absent from the premises without the permission of

the master.

Rights of master as between himself and servant.

50. When the 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 for discharging a servant.

51. The master may discharge his servant for wilful disobedience of a lawful order of himself or his agent; habitual negligence or indolence in business; drunkenness, gross 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 permission.

52. For any act or thing herein declared to be causes for the discharge of a servant, or for any breach of contract or duty by him, instead of discharging the servant the master may complain to the district judge, or one of the magis trates, who shall have power, on being satisfied of the misconduct complained of, to inflict or cause to be inflicted on the servant suitable corporeal punishment, or impose upon him such pecuniary fine as may be thought fit, and immediately to remand him to his work, which fine shall be deducted from his wages if not otherwise paid.