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 sat isfaction, his master may recover by warrant before any justice of the peace such satisfaction, not exceeding sixty dollars, as the justice may determine cught 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. 5. Be it further enacted, That in all cases where men and women, both or one of whom were lately slaves, and are now emancipated, now cohabit to gether in the relation of husband and wife, the parties shall be deemed to have been lawfully married as man and wife at the time of the commencement of such cohabitation, although they may not have been married in due form of law. And all persons whose cohabitation is hereby ratified into a state of marriage shall go before the clerk of the court of pleas and quarter sessions of the county in which they reside, at his office, or before some justice of the peace, and acknowledge the fact of such cohabitation, and the time of its commencement, and the clerk shall enter the same in a book kept for that purpose; and if the acknowledgment be made before a justice of the peace, such justice shall report the same in writing to the clerk of the court of pleas and quarter sessions, and the clerk shall enter the same as though the acknowledgment had been made before him; and such entry shall be deemed prima facie evidence of the allegations therein contained. For making such entry and giving a certificate of the same, the clerk shall be entitled to a fee of twenty-five cents, to be paid by the party for whom the services are rendered.

SEC. 6. Be it further enacted, That if any such persons shall fail to go before the clerk of the county court, or some justice of the peace of the county in which they reside, and have their marriage recorded before the first of September, one thousand eight hundred and sixty-six, they shall be deemed guilty of a misdemeanor, and punished at the discretion of the court, and their failure for each month thereafter shall constitute a distinct and separate offence.

SEC. 7. Be it further enacted, That all contracts between any persons whatever, whereof one or more of them shall be a person of color, for the sale or purchase of any horse, mule, ass, genet, neat-cattle, hog, sheep, or goat, whatever may be the value of such articles, and all contracts between such persons for any other article or articles of property whatever, of the value of ten dollars or more; and all contracts executed or executory between such persons for the payment of money of the value of ten dollars or more, shall be void as to all persons whatever, unless the same be put in writing, and signed by the vendors or debtors, and witnessed by a white person who can read and write.

SEC. 8. Be it further enacted, That marriage between a white person aud a person of color shall be void; and every person authorized to solemnize the rites of matrimony who shall knowingly solemnize the same between such persons, and every clerk of a court who shall knowingly issue license for their marriage, shall be deemed guilty of a misdemeanor, and, moreover, shall pay a penalty of five hundred dollars to any person suing for the same.

SEC. 9. Be it further enacted, That persons of color not otherwise incompetent shall be capable of bearing evidence in all controversies in law and in equity, where the rights of persons or property of persons of color shall be put in issue, and would be concluded by the judgment or decree of court; and also in pleas of the State, where the violence, fraud, or injury alleged shall be charged to have been done by or to persons of color. In all other civil and criminal cases such evidence shall be deemed inadmissible, unless by consent of the parties of record: Provided, That this section shall not go into effect until jurisdiction in matters relating to freedmen shall be fully committed to the courts of this State: Provided further, That no person shall be deemed in

competent to bear testimony in such cases because of being a party to the record or in interest.

SEC. 10. Be it further enacted, That whenever a person of color shall be examined as a witness, the court shall warn the witness to declare the truth.

SEC. 11. Be it further enacted, That any person of color convicted by due course of law of an assault with intent to commit rape upon the body of a white female, shall suffer death.

SEC. 12. Be it further enacted, That the criminal laws of the State embracing and affecting a white person are hereby extended to persons of color, except where it is otherwise provided in this act, and whenever they shall be convicted of any act made criminal, if committed by a white person, they shall be punished in like manner, except in such cases where other and different punishment may be prescribed or allowed by this act.

SEC. 13. 'Be it further enacted, That at the time now provided for the election of wardens of the poor, the justices of the court of pleas and quarter sessions of each county, under the rules and regulations now prescribed, may, in their discretion, elect two distinct and independent courts of wardens, one of whom shall act as the wardens of the white poor, and the other as the wardens of the colored poor.

SEC. 14. Be it further enacted, That the persons constituting each court shall be qualified as now provided, and the wardens severally, and each court shall have all the powers and authorities now conferred upon them; and they and the officers of each court, and all other persons whatever, shall be subject to all the duties, liabilities, and penalties imposed on them by chapter eightysix of the revised code.

SEC. 15. Be it further enacted, That the following laws and parts of laws are hereby repealed:

First. Certain laws contained in the revised code, viz: The entire chapter one hundred and seven, entitled, "Slaves and free negroes," except sections fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, and sixty-six, and these sections shall be so amended as to read persons of color, instead of "free negroes," in all cases where the latter words occur; section two of chapter fourteen, entitled, "Boats and canoes;" sections ten, eleven, twelve, thirteen, eighty-one, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six, eighty-seven, eightynine, ninety, ninety-one, ninety-two, ninety-three of chapter thirty-four, entitled, "Crimes and punishments;" sections seventeen, nineteen, and twenty-one of chapter thirty-seven, entitled, "Deeds and conveyances;" section four of chapter forty-eight, entitled, "Fences;" section twenty-eight, chapter fifty-nine, entitled, "Insolvent debtors;" section thirty-nine of chapter eighty-four, entitled, "Pilots;" sections fifteen, sixteen, seventeen, eighteen, nineteen, and twenty, of chapter eighty-six.

Secondly. Certain acts passed since the enactment of the revised code, to wit: An act ratified on the sixteenth day of February, eighteen hundred and fifty-nine, chapter thirty, entitled "An act for the hiring out of free negroes in certain cases;" an act ratified on the same day, chapter thirty-one, entitled "Act to prevent the sale of spirituous liquors to free persons of color;" an act ratified on the thirty-first day of January, eighteen hundred and sixty-one, chapter thirty-seven, entitled "An act to prohibit the emancipation of slaves by will;" an act ratified on the twenty-third day of February, eighteen hundred and sixty-one, chapter twenty-three, entitled "An act to amend the sixteenth and Seventeenth sections of chapter thirty-four, revised code;" an act passed on the same day, chapter thirty-four, entitled "An act to amend chapter one hundred and seven, section sixty-six, of the revised code, relating to free negroes bearing arms;" an act ratified on the same day, chapter thirty-six, entitled "An act to prevent free negroes hiring or having the control of slaves;" an act ratified on the same day, chapter thirty-five, entitled An act to change the rules

66

of evidence in indictments for trading with slaves ;" an act ratified on the twentyfirst day of September, eighteen hundred and sixty-one, chapter twenty-six, entitled "An act to amend section fifteen of the one hundred and seventh chapter of the revised code;" an act ratified on the twentieth day of December, eighteen hundred and sixty-two, chapter sixteen, entitled "An act to authorize the governor to employ slave labor in erecting fortifications and other works." SEC. 16. Be it further enacted, That all other acts and parts of acts passed before the present session of the general assembly, besides those enumerated in the foregoing section, the subjects whereof are revived and re-enacted in this act, or which are repugnant to the provisions herein contained, are hereby declared to be repealed, and of no force and effect, from and after the ratification of this act, with the exceptions and limitations hereinafter mentioned.

SEC. 17. Be it further enacted, That the repeal of the acts mentioned in the preceding sections shall not affect any acts done, or any right accruing, or accrued, or established, or any suit or proceeding had or commenced in any case, before the ratification of this act.

SEC. 18. Be it further enacted, That no offence committed under any of the acts hereby repealed, and before the time when they ceased to be laws of this State, shall be affected by such repeal, except that when any punishment shall have been mitigated by the provisions of this act, such provisions shall be extended and applied to any judgments to be pronounced after the repeal or cessation to have effect: Provided, however, That in case of the conviction of any person of color, for any such offence, he shall be punished therefor in like manner only as if he were a white man.

SEC. 19. Be it further enacted, That no suit or prosecution, pending at the time of the repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred, under any of the acts repealed, shall be affected by such. repeal.

Ratified this 10th day of March, 1866.

The following are the acts and sections of the revised code as amended by section fifteen of the act of March 10, 1866:

CHAPTER 5.
Apprentices.

1. It shall be the duty of the several courts of pleas and quarter sessions to bind out, as apprentices, all orphans whose estates are of so small value that no person will educate and maintain them for the profits thereof; also, all children under age whose fathers have deserted their families, and have been absent for the term of one year, leaving them without sufficient support, or where application may be made to the wardens of the poor for relief, and the said wardens shall certify the same to the court of pleas and quarter sessions; also, all children under age whose mothers shall have secured to them such property as they may thereafter acquire, provided in this case that the children be not remaining with the father, and the court, in its discretion, thinks it improper to permit such children to remain with the mother; also, the children of free negroes where the parents with whom such children may live do not habitually employ their time in some honest, industrious occupation; and all free base-bor children of color.

SEC. 2. Every male apprentice shall be bound to some tradesman, merchant. mariner, or other person, approved by the court, until the age of twenty-one years; and every female to some suitable employment, till the age of eightee years, if white, but if colored, till twenty-one.

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 chairman 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 to 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 his 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, moreover, 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 himself after arriving at the age of eighteen years from his master's service, before the term of his apprenticeship 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.

SOUTH CAROLINA.

AN ACT preliminary to the legislation induced by the emancipation of slaves. 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 each district in the State there should be established an inferior court to be styled "the district 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 importing the masculine 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 freedwomen, 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 persons 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 dispose of 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 and property.

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 modifications made by this act, and the other acts hereinbefore mentioned.

Approved December 19, 1865.

AN 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 sexuai