764 



SOUTH CAROLINA. 



wife competent to engage for service and to 

 have all the rights of an unmarried woman, ex- 

 cept the right to recontract marriage. In case 

 there should be two or more reputed husbands 

 or wives, the parties are required to select, and 

 the ceremony of marriage is to be performed. 



The father is to support all of his children, 

 whether they he born of one of his reputed 

 wives, or of any other woman. 



To regulate the relations of master and ap- 

 prentice, the report provided that a child over 

 two years of age may be bound by the parent, 

 until, if a male, he shall obtain the age of 

 twenty-one years, and if a female, eighteen 

 years of age. If the child has neither father 

 nor mother living in the district, or if the par- 

 ents are paupers, that is, upon the public 

 bounty, or unable to afford a comfortable main- 

 tenance, or vagrants, or convicts for infamous 

 offences, or of such notoriously bad character 

 that the chiLi is in danger of moral contamina- 

 tion, then he or she may be bound by the Dis- 

 trict Judge or one of the magistrates. Males 

 over the age of twelve years and females over 

 the age of ten years must give their assent by 

 signing the indentures. 



The obligation of apprenticeship is not only 

 to be under seal, and signed by the master, the 

 parent and apprentice, if of consenting years, 

 and attested by two credible witnesses, but in 

 order to prevent imposition and wrong, is to be 

 approved by the District Judge or magistrate. 



The legal and moral duties that arise, are that 

 during the term of indenture the person to whom 

 he is bound, is to teach the apprentice the busi- 

 ness of husbandry or some specified useful 

 trade or profession ; to furnish food and suitable 

 clothing; to instruct in habits of industry, hon- 

 esty, and morality, and to treat with humanity 

 and discretion. 



This relation may be dissolved by the death 

 of the master, by an habitual violation or neg- 

 lect of the duties imposed on him, or where, by 

 his vicious conduct, the apprentice is in danger 

 of moral contamination. 



In all cases of alleged infringement of duty, 

 or of misconduct on the part of master or ap- 

 prentice, the matters in issue are to be decided 

 upon reference to a magistrate. 



It is also inserted that the master shall have 

 authority to inflict moderate chastisement and 

 impose reasonable restraint upon his apprentice ; 

 but this is a principle of law which prevails in 

 the State, in reference to every case of appren- 

 ticeship ; and which generally exists wherever 

 this relation is established. 



Against any attempted abuse of this power, 

 the most stringent and ample provision is made ; 

 for it is declared that "in cases in which the 

 District Judge shall" order the apprentice to 

 be discharged for immoderate correction or un- 

 lawful restraint, the master shall be liable to 

 indictment, and on conviction to fine and im- 

 prisonment within the discretion of the court, 

 and also to an action for damages by the ap- 

 prentice. 



At the expiration of the term of service, the 

 apprentice shall be entitled to receive a sum of 

 not exceeding sixty dollars. 



The provisions relating to contracts for service 

 reported, were that all contracts for more than 

 one week are required, in order to avoid uncer- 

 tainty and confusion, to be in writing, to be 

 duly attested before witnesses, and within twenty 

 days of their execution to be submitted to and 

 approved of by the Judge of the District Court, 

 or one of the magistrates. Unless these requi- 

 sites are complied with, the contract is not bind- 

 ing upon the servant. Where no term of ser- 

 vice is expressed, it shall be until the 25th of 

 December of the year in which it is made. 

 Where no rate of wages is specified, on the 

 application of either party, with notice to the 

 other, the District Judge or magistrate decides 

 what shall be a fair and just compensation. 



The following colored persons are competent 

 to contract for one year's service or labor : all 

 who have no parent living in the district and 

 are over ten years of age, and those who are 

 not apprentices. Of course those who are minors 

 contract through their parents if in the district, 

 and those who are apprentices have already 

 made engagements for the learning some art or 

 trade. These contracts may be set aside wher- 

 ever fraud or unfairness is exhibited, that is, 

 whenever advantage has been taken. 



The employer is compelled by law to perform 

 his obligations, for whenever he neglects or 

 evades his contract, he is declared guilty of a 

 misdemeanor and liable to penalties upon con- 

 viction. 



The hours of labor, in cases of husbandry, are 

 fixed from sunrise to sunset, with proper inter- 

 vals for meals and refreshment. The duties of 

 those employed are, to give their attention to 

 the property intrusted to their care, to protect 

 it from injury, to be responsible for all losses 

 occurring through their negligence, dishonesty, 

 or bad faith, to be quiet and orderly in their 

 quarters, to reside on the premises, to retire at 

 reasonable hours, to remain at night ou. the farm 

 and not to absent themselves without the writ- 

 ten permission of the employer, to obey all law- 

 ful orders, to be honest and faithful, to be civil 

 in deportment and diligent in business. 



No work is to be exacted of them at night or 

 in inclement weather, except in cases of absolute 

 necessity. They are not to be kept at home on 

 Sundays, except to take care of the premises, or 

 under circumstances of emergency, and then 

 such labor is to be performed in turn. 



The master is bound in duty to protect his 

 servant from violence and to assist him in ob- 

 taining redress for injury to his rights of person 

 or property. The servant assumes the corre- 

 sponding obligation of aiding his master in the 

 defence of his person and premises. 



The wages due the servant are preferred to 

 all other debts, except the funeral expenses ; 

 nor is his contract ended with the deatli of tlie 

 master, except with his express assent. On 

 the expiration of the term of service, the master 



