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a wo.!: whi
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rial tut.
l of well consul e:
digested main
If cire rnc in ;es
lowed even m -.
f.»r .the work,
sure that wi‘4.o
h ive made it more e
for the purpose
h-tired.
As an nppropi
: method of disci
the ta -k -i .in
1 to us. we have put t!
ter prepared in;
:> an orderly nrrang.-r
Articles and S -
tlons, with tlio prope;
ions and .it! . -
. ijei-ts: and we ae
nv it with the d
r.if: of n short adopti'
which may be i:
1. unless the Gene
scinbly. for any:
>u, shouT I think "!
aom.
tlie latter pirf of t
clause
. s . tin l of the
rich: <>l
it ion. lit.:.
matt .
! be ad . .tel
bill
i following: th.
say:
Is;. Ana
i" in r cert ti i
vision
;.. i.t’ur k
tcndi Jl>i •
> effi ct the tl ’
the fifth
ef the second article,
latter par; ..ft
: ird clause of the
section of the f<>
■ -th-article of the C.
tion.
g^sseansnassaBHaEamMa
INDISTINCT ccpy
HE
GEORGIA WEEKLY TELEGRAI
!>TT
tbe Ju
-tl^e County Courv
‘ tfpnd conduct as discretion. -e- *
'»£ Officers of tlie V § 85. Omlfintiant
'ourt of Record, and P )0 allowed under th
scmi-iuiuuu! sessions
■ded as in the Superior Court.
i a Cou
ispose
the
uing thereof. If issued by the County Judge, j gardcd as if befi
nd returna'qth to big own Court, tire Judge | the Court shall
.y prescribe any day for the return, in liis | dibgly.
j § 50. Any white person accused of an of-
s in other cases may . fence not within the exclusive jurisdiction of
same rules as in the Su-! some other Court, may make a written de-.
>ut in cases of Court contracts mand lor trial in the Cotmtv Court, expres '
Imt the tiSek ets and minutes shall be a
cient record of the proceedings of the ]
Court. Its powers to punish ior conte
shall the same as those - of the Sup
Court, and the general provisions of the
from § 107 to § 203 inclusive, concerning
powers of a Court, apply it to.
civil jurisdiction and practice.
. nc
; lort.i.
all be l!
tted
id on
and in o
dollars
n terras
n etc
, and the like,
Jraivm
I npon si
j die County J
j seven days t
! thereof to tin
j attorney, and
I other person
! tant to notify,
I Jury, notice i
| General of th
: the 'trvd shall
| cause from ti
indictment! and trial bv jur
ISC
it
fiall In
ereafei
Inquiry, and I be so expressed,
several as to eac!
A minor child
guardian under a
subject to the proc
be necessary to con
any reasonable lal.
an^l j contract, or other <
to ‘onerous or unr<
ipon a Child, oitlu
hat ot a parent, s
Xo contract for
luf ”
>rc:
eesutp slit
npor- to serve lor a
months
■tint
trn;
in
tl
rfi* in th • same i
]l:e : of this m riel
i of .civil v; • v
not-! cosed >mnT b
or a and the i i *hl
i-stj- ded to him.
the | § 57. In ort
15 >v | Judge’s costs
v lie'l.e the same i
riier perior and It
jin eases in tl
serf- i damages elai
thirds ol
oil nrs, th
2lU a
ited.
’valid for
if the
exce<
itv
i shall!,:
unity
them.
not
nei
ad
3d.
ATION
law ore ; is. under the powers .conferred upon j they may
clerical him, the Count} - Judge may try any case of |
judicial proceed- forcible entry or detainer, tor the abatement
isis hereinafter de- of a nuisance, or the grant of a private way
and the assessment of damages therefor: a. , * • - —--—o--
for holding the nirv in each case being summoned as br a I ’ l ' ltllln tweIve mont!ls aftw " tl»e accrual of the
such cost
sri one third of such costs shall
idge's costs. The Judge’s costs
admits any tact in c riminal coses shall be two dollars for ev-
sufch admission cry case begun, and two dollars additional
Ihe Judge, and j for every case tried or transmitted to the
be considered j Superior Court. Tito Judge’s costs for cases
• in attendance j in which dischi rgo or special performance
it hire
Court C
flit in th
is to termini
county where
from the per]
amcnce until
■; and in the
without a vv
Clerk of the Ooum
§ 40. Actions, not on written contracts, for
or against a person ot color, must be brought
is prayed, or other like case not claiming j change of his j
money, shall be two dollars for each case, Unless it is otherwise stipulated’ the coun- j
and the same for the foreclosure of mortga- ty in which a Court Contract is executed in ,
ges. the partition of personalty, the removal! Tile one in which it Is to tu- perfonnea ; and 11
of intruders, trespassers, or tenants holding I the master has no right to require the ser-1
over, and the trial of claims; also for the j vant to go to a different county
2d. A: • ; to . stal.li.Ji County Courts in
this State.
3d. An act to amend the laws in relation to
husband and wife.
4th. An act to amend the laws in relation
to parent and child.
0th. An net to amend the laws in relation
to guardian and ward.
(ith. An act to amend the laws in relation
to master u
in relation
und
cial
lieiore mm or some other Judge, or some
Justice, ii:td sit singly or in conjunction with
others as by law required on a Court of In
quiry. The foregoing enumeration is not ex
hausting. but tbe County Judge may in gen
eral exercise all such powers as are granted to
him by law, or essential to the functions
granted.
§ 0. The County Judge shall by himself or
.til. Ana
to master at
3th. An a
Oth. An ii
to thoestat
10th. An
11th. An
regulation <
Wo arc su
tom of laws, we may be
ucp n -
as Jud
and i
uf all
and of all
de-
for-
or to
nd servant,
et to amen 1 the law
id apprentice.
,-.-t to amen 1 the laws of contracts.! lesturcs. and proceeds ol
i -t to amend the law in relation ! J enci
us of deceased persons.. j ham
act to amend the criminal law.
act in relation to the grant and! to . 1 - . .
)[’ 1 in certain cases. { t*cjpts mul payments to the Grand •)ury of tiic
nsiblo that in presenting this svs-! County at the semi-annual sessions of the
ibjectod to tim im-1 Superior Court.
- -- lie shall keep an index of all Court eon-
•k in liis
i character, and shall pay over the same
County Treasurer, and report such re
putation of having Tone at once to little and J . jlj
much; too little for those who are ex-! tfacts filed in hisoffice, and a bst of all cer-
pcatingan ' 1
I u nn >*.»*» «ti v; v.v j ’
nd speedy remedy for all: tificates and discharges granted by him ac-
vihe ills which the present crisis lias "brought
upon us; too much for those whose prejudi-
•ccs have not yet yielded to the necessities of
our situation.
The mischiefs to be remedied arc enormous,
and there is more or less of an indefinite hope
and expectation, that legislation will afford at
once and with all certainty, the proper rem
edy. It is impossible that this hope can lie
gratified, tills expectation realized. The re
sults which are to ensue from such legislation
‘presents a problem that can only be wrought
■out by experience. A prominent actor in
the solution must therefore be time. We
cannot expect that for this our distressed
people will patiently wait, and more or less
of disappointment mast ensue. Prepared to
accept this result, we shall not l*e mortified
by intimations of feebleness, or imputations
of failure, and shall be satisfied with tiic hum
ble meed of having honestly endeavored to do
our part, and thereby contribute aid to those
who are charged with the difficult duty of
guarding the State and the persons of color
in our midst from the evils of sudden eman
cipation.
Eben’r. Starnes,
L. E. Bleckley,
„ Wsi. HorE Hull,
Samuel Babnett,
A SYSTEM OF LAWS,
Tntcnded to carry into effect the fifth clause of
the fifth section of tho • o<ul article, and the
latter part of tho third danee of the tccond
section if tlie,fourth artide of the Constitu
tion.
ARTICLE L
preliminary provisions.
The General Assemlly of the State of Georgia
do enact as follows .*
§1. A convention of this State having recog
nized the emancipation of slaves, and having
declared that neither slavery, nor involunta-
lv servitude, except as a punishment for crime
4ml) ever be cst;:! li-l.-- 1 in this State, till si.i‘-
utes, regulation-, and municipal enactments
cording to law, which index add list shall be
open to public inspection. It shall he his duty
to provide a seal for the County Court, to be
used when necessary by himself or the Clerk,
and until such seal is provided, the private
seal of the Judge may be used.
§ 7. The Clerk of the County Court may
be either the County Judge himself, or an
officer appointed by the Judge, removable at
his pleasure, to be paid by him, and for whose
good conduct he is responsible. It shall be
the duty of tho Judge to have a Clerk in
office in case of his own sickness, or absence.
The appointment and removal of tlie Clerk,
unless it occurs by reason of vacancy in the
office of Judge, shall be entered on tlie min
utes; he shall be sworn to the faithful and
impartial discharge of his duties; and shall
be competent to discharge all of the duties of
the Judge not judicial in tlicir character.
§ 8. The Clerk, or tlie Judge acting as sucli,
shall keep tlie minutes ot tlie Court, record
its proceedings so far as required hy law, issue
its orders and processes, and keep proper
dockets, viz: one subptena docket, and one
execution docket, which shall be for both
sessions of the Court. For tlie daily sessions,
one docket of civil cases generally, and one
for cases between master and servant; also
one for criminal cases. For the semi-annual
sessions, one common law docket, one docket
for claims, motions, illegality and other like
proceedings, and any other dockets for cither
session the Judge may direct.
§ 9. In case of the death of the County
Judge, or of any vacancy in the office, three
Justices of the Inlerior Court of the County
mayhap point a County Clerk, who shall give
bond in such sum as they may prescribe, and
make oath as such Clerk, and discharge all
ministerial duties during such vacancy. If
tho County Judge cannot try nny_ case by
reason of sickness, absence, or disability aris
ing from interest or relationship to a party, it
may be tried if a civil case bv the Ordinary,
and ifa criminal case by the Mayor or presid
ing officer of an incorporated town. If the
Ordinary or Mayor cannot for any reason try
such case, then it may be heard and determ
ined, whether civil or criminal, by three
" vv ' ■-* , » ‘ • |» I lllvUa II UUlULi Lltll via J
concerning stares, are therefore now inappli- j n3ticeg 0 f t i, e inferior Court of the County,
cable to the circumstances and condition ot ( . ^ gi lcr j£f and liis deputies, when
• .t i it /”"* .....Aot Tnr cllMil
ur people. . . I reouirod bv tho County Judge or Clerk, shall in § 3
-j The statutes, regulations, and munici- cx ‘ cu . c a ‘ v xvr ; ti precept, or order of the he do
al ordinances concerning free persons ol, Cot .. Col [ rt or Judge, as if from the Super- j may ]
olor in our State, hr.v lg .icon passed ' v;t M j or Court, lint nnlu-.- on notice need not at- issue.
pal
color
more
slavery
are al
tion,
: uni condition, . .
offences commit' -1 h fore the pa-age or tins
•ict In these cases, tiic proceedings shall be
re ,T 'ulatf.l bv th.- lav.-, ,> " Xu-ly existing.—
pP, n -.i ’ That the tri mnal, modi < of pro
ceeding ind rules of evidence shall bo-tfao
, im . now by law provided, and tbe pun-
ishm'ent itaD be .nn’ied as the prisoner may
i-U •: either under the former, or the present
m Ift'ne prisoner refuse to elect,
then the Opart shall apply the milder punish-
n,<! t 11 - t> vll free negro , mulattoes, mestizoes,
and t ! ! *eendants of snohhaying ono-eighth
of negro, or Atncu
shall be known in t
color. Such person:
to acquire, own,
property, to
labor, to mak<
to receive and
Court shall be al
ways open except on the Sabbath day. It
shall be held at the Court House, or at some
other place approved by tlie Justices of tlie
Inferior Court of the County, unless by ap
pointment of the Court and notice to the par
ties, it is held.for a special case at some other
place in the County. Tlie rules of practice of
the Superior Court apply, unless specially ex
cepted.
PARTIES.
§22. An infant person of color may sue or
be sued, and be served with process, summons
or other notice as an ad nit, but it shall be the j
duty of the Court, when there is no guardian j Sl ]
or next friend, to appoint some proper person j j„,
to represent such infant,'who maybe either
the friend of the infant or the County Clerk,
§23. A marrried,woman, being a person cf
color, authorized to contract separately, may
be served with process or notice as a single
woman, and appear in person or liy attorney
in case arising on such contract.
§24. A party plaintiff dying, upon applica
tion of the widow or any person next of kin
of such plaintiff, the Court may. in its dis
cretion, appoint some suitable person repre
sentative of tlie estate for such causa In
like manner, a representative may be ap
pointed, the party defendant dying, upon no
tice to the widow, or adult pdrson next of
kin of deceased, or to tlie nominated execu
tor, i^in the County, or if none in the Coun
ty, then without such notice.
* § 25. An attorney engaged in any case by
a deceased party in his lifetime, may (with
out the appointment of a representative, or
other proceeding to make parties,) continue
to represent tiic interest of the estate, and
shall be responsible for his conduct to the
proper legal representative when appointed.
§.2C. A Court contract shall be regarded as
a suit always pending, anil parties may be
made at any time under the foregoing pro
visions.
§ 27. Tlie judgment in sucli cases shall be
for or against “the estate” of tlie deceased
party. Whenever the Judge is satisfied that
delay is necessary to justice, he may grant it
on such terms as to notice or otherwise, as he
may tliinkjust and reasonable.
GENERAL COURSE OF PROCEEDINGS.
§ 28. In all civil cases before the Daily
■ Court, not hereinafter excepted, the plaintiff
shall procure from the Court a summons, in
which shall beset forth tlie ground or grounds
of complaint, the time and place of trial, and
the time within which to serve the summons.
If no time for service is named, it must not
be less than five days before trial, and if no
place is fixed, it shall be understood to De the
usual place of holding Court.
§ 29. In suits between Master and Servant,
or by landlord against tenant holding over,
and in other suits for twenty dollars or less,
the action may be commenced by a summons
from tlie plaintiff to the defendant, requiring
him to appear at the County Court on a cer
tain day, which shall not be nearer than tiic
second day after personal service, or the fifth
after service at the defendant’s residence, to
answer a cortnin complaint set forth in the
summons. If upon appearance of a person
alleged to lie a tenant holding over liis term,
sucli person shall make the affidavit specified
in § 3,98.5 of the Code, then, provided, that
docs not set up title in himself, the Court
proceed ot once to try and decide flic
If either party desire a jury, the
torts must be brought within
§41. Verdicts
moulded as to subserve i:ic ::i Is of justice,
and may be either 1‘or a sum certain, for the
delivery of specific property, ii r the eviction
contract, or have sucli other for:n r»3 to the
Jiuky may s-rc-m just an«I proper, and may in
liis discretion lie in the alternative.
S 42. The execution of orders founded i non
a Court contract, may be enforced bypr< ess,
as xbr contempt, whenever tlie Judge d enis
it necessary. Stay of execution may lie g ant
ed ns in the Superior Courts, except in uses
between master and servant hereinafter 1 pro
vided ior. j
§ 43. In the sale of property under Execu
tion or other order of the County Court, or
Judge, the time and place of sale and t»e ad
vertisement may be as prescribed in lire Exe
cution, or in any other issued by tlie Judge,
provided, that unless tlie property lie perisha
ble or expensive to keep, not less .than ten
days notice shall be given. Unless different-'
ly ordered by the Judge, the regulation th
under execution or order for suni3exceed
ing fifty dollars, shall be as In the Superior
Courts, and for fifty dollars or less, as in
Justices" Courts.
§ 44. An appeal may be taken to a jury from
any decision in the daily County Court in a
civil case, by payment of costs and ot the
jury fee, as provided in section 14th ot this
arlielc.
§ 45. A new trial, upon legal grounds, may
be awarded, if the Judge is satisfied that
justice requires it. Want of notice of the
first trial, or absence of the party without
fault, shall be a good ground for a new trial,
or an affidavit of illegality.
§40. A certiorari may be had upon tlie ap
plication of the party complaining of error
to tlie county Judge, with notice to the op
posite party or liis attorney, stating the
grounds of complaint, and giving a brief of
the material evidence, upon which it shall be
the duty of the Judge to proceed as under a
writ of certiorari, to certify tlie proceedings
of the County Court to the Judge of tlie Su
perior Court, within ten days after such ap
plication, and the Judge of tlie Superior
Court shall hear and finally determine the
same at Chambers, or nt'tlie session of the
Superior Court, as may seem proper.
§ 47. Applications for appeals, nete trials, or
certiorari nulst be made within four days af
ter trial, and in cases between master and
servant, and in any other cases in which the
Judge shall deem it just, compliance with the
provisions of section 53d, concerning dilatory
proceedings, shall be required;
§48. Claims to personal property, under
any execution or order issued from the Coun
ty Court, or to personal property, at any sale
to which a free person of color is a party, or
in which the parties elect the County Court
for trial, shall be tried as in ‘the Superior
Court, except that no jury shall be provided,
unless required under the provisions of sec
tion 14tli of this article.
-• §4.9. Attachments maybe tried under the
rules of the Superior Court.
§ 50. The County Judge granting an appeal,
or a new trial, may assign any day for the
trial* in his discretion, allowing reasonable
time to the parties, and making no unneces
sary delay.
FRIVOLOUS ACTIONS, DEFENCES AND DELAYS.
§51. In any case between master and ser
vant in the daily Court, the Judge shall (and
in other cases lie may in his discretion) award
damages to tlie defendant in a sum not to ex
ceed tlie costs, it flic action shall be manifest
ly frivolous or vexatious; and in like manner
to the plaintiff, damages of not less than ten
nor more than twenty-five per cent of the
sum claimed, if the defence be manifestly
frivolous or vexatious. Damages to the plain
tiff may amount to five dollars, although
twenty-five per cent ot the claim would fall
short of that sum.
TERMS OF DILATORY mOCEEDINOS.
be the j him, thecount;
. | that. 4u which
special to be performe
Judge shall assign the <iu- j In case the s
or his Deputy, to collect j he so ifirier mt
costs, and the officer-, col- 1 eal relation to one county m
lecting them shall be entitled to retain ten ! then the master’s domicii, if
per cent thereof. shall be that of tbe servant
§59. Iti cases bt I ween master and servant, : ter be a non-resident, tho d ,
which shall go against the servant, the judg-1 vant shall be decided by tlie gene:
ment for costs, upon notice to tbe master. hjv.\
shall operate as a garnishment against himN §3. Quarters an-l Lodgin';* of t
and he shall retain a sufficient amount for To all domestic servants and to" al
the payment thereof out of any wages due j vants and their families, uni
to said servant, or to become due during the
period of service, and may be cited at any
time by the collecting officer, to make an
swer thereto.
§ 00. The costs known as judge’s costs
shall be paid into the county Treasury, as
well as all lines, penalties, forfeitures,proceeds
of labor, and the like, and the judge shall
be entitled to receive from the county Treas
urer, a sum equal to one halt the gross
amount of alt the costs known as judge":,
costs, for which judgment has been given, 1
rm ser-1 for li
ntracy ] drunk
penal 1
be stipulated, the master shall furnish suita
ble quarters or lodgings, and the material for
necessary fuel. Such quarters shall neverthe
less be deemed in the master’s possession, and
a servant, on being discharged, or on ceasing
to work, except for providential cause, or at
the expiration of his terra, shall vacate them
inuaeilhtciy. ,l-, i r :>L o Tty
his family, the family, tooysiufll wu-ate them
at the end of the term; or in case of dis
charge or cessation of work, as above, on five
davs notice. Anv who remain contrary to
- or lei
habitual incivility to himself, bis family,
guests, or agents; or for repeated, or pro
longed absence from the premises without
permission.
The effect of a discharge shall vary with
the clearness and certainty of the evidence
irk
•al
If the
the sei
whether collected or not, that he may have j this provision, may I>e treated as intruders
no interest in throwing the costs upon the or trespassers, and expelled by order of the
tar.ee, to recei
and property,
der oath sttbji
donee, in tin-
cases whine tl
sousot color ij
cases where C
<>r where tlie |
<>f some all*"-
blood in their veins.
State :is j - ■■■). : of
skill have tit- right
i l dispose of their
the fruits of their
iitri-.ets, (o sue end be sued,
transmit property by inheri-
ve protection in their persons
ami to give tlicir testimony tin-
t. to the general rn’es ol evi-
,Hewing coses: 1. In sl! civil
■ ri-r’i's or liabilities of p--r-
all criminal
>a of color;
>; ,-r i-1 instituted because
shall be the same as in the Superior
For summoning n jury for the semi-annual i appearing ... , .
session three dollars; ierthedailvCourt,one as aforesaid, or making the same the issue
j 0 |]. ir ’ ’ shall be decided against him, the Court shall
Vll Bailiffs mar be appointed l>v the issue a warrant or order to some officer of his
County jud-v not to exceed four in number, Court, with directions for the removal of such
of whom one shall be called special bailiff.— j tenant from the premises, and tlie delivery of
Tliev shall each -rive bond in a sum to be fixed ! tlie same to tlie owner or Ins ngent. But if
In t he County Judge; be sworn to the faith-1 tlie alleged tenant shall set up title to himself
nil and impartial discharge of their duties;; in said premises, then the Court shall return
and their appointment and removal be cn- I the issue to the next term of tlie Superior
r .,i „„ #1,0 minutes ! Ckurt of the county, to be tned as provided
One or more temporary bailiffs for partic-; by §3,987 of the Code,
n’ir occasions i my .’so be c-pointed, who i § 30. To prevent the abuse of the summary
d not <ri\ -- band but must lie sworn, and i process provided in the above section, nny
Gwir annointm lit entered on the minutes.— ' person, whether tlie plaintiff or a third per-
In cases within the jurisdiction of a Justice’s , son who shall serve or procure the service ot
Court a Bailiff's fees shall l»c the same as a such a summons otherwise than in good f.utli
Constable’s and in other cases the same as a
Sheriff’s. . , . ,
§ 12 Jurors, eighteen in number, ot wliom
twelve shall serve, shall lie drawn from the
§ 52. In suits between master and servant,
the defendant shall not be allowed to contin-
e... terms m ims am ui n „„ t ,„ or to ddaJ . payln e n t by any pro-
he shall fail or refuse to make oath ^ “ such M appet f l ce ;. t i 0 rari, ncw trial,
illegality, stay of execution, or other dilatory
proceeding, except upon the terms following,
viz: that he shall make such payment in the
nature of alimony, for the present support of
the plaintiff or his family, out of any sum or
property he admits to be due, as to the
Judge-may seem reasonable and just, unless
upon affidavit that nothing is due. The pro
party, best able to pay them.
§ 01. The fees on a contract offered to be
filed as a court contract, whether filed or de
clined for proper legal cause, shall be fifty
cents, if the term of service or rent is six
months or less, and one dollar if over six
months, or indefinite as to time. For any
other clerical work, liis fees shall correspond
with those of the clerk of the superior court.
ARTICLE III.
HUSBAND .VXD WIFE.
§ 1. Persons of color now living together
as husband aud wife are hereby declared to
sustain that legal relation to each ether, un
less a man shall have two or more reputed
wives, or a woman two or more reputed hus
bands. In sueli event, the man, immediately
after tlie adoption ot these provisions by the
General Assembly, shall select one of his re
puted wives with her consent, or the woman
one of her reputed husbands with liis con
sent, and the ceremony of marriage between
these two shall be performed. If such mau,
thus living with more than one woman, or
such woman living with more than one man,
shall fail or refuse to comply with the pro
visions of this section, lie or she shall be pros
ecuted for the offense of fornication, and pun
ished accordingly.
‘ 2. Persons of color, desirous hereafter of
becoming husband and wife, must have the
contract duly and legally solemnized between
them, but co-habitation, with reputation of
the parties as man and wife, shall at all times
be evidence of marriage, in cases civil and
criminal.
§ 3. Any one who is a charge to the public
shall not be competent to contract marriage.
§ 4. Thu marriage of an apprentice, with
out the consent of his master, shall not be
lawful.
ARTICLE TV.
PARENT AND CHILD.
§ 1. Among persons of color the parent
shall be required to maintain his or her chil
dren, whether legitimate or illegitimate.
§ 3. Children shall be subjected to the
same obligations, in relation to their parents,
as those which exist in relation to white per
sons.
§ 3. Every colored child hertofore bom is
declared to be the legitimate child of liis
mother, and also of his colored father, if
acknowledged k by such father.
ARTICLE V.
GUARDIAN AND WARD.
§ 1. The relation of Guardian and Ward,
as it exists among white persons in this State,
shall be subject, among persons of color, to
the jurisdiction of the Ordinary, with the
right of appeal, as in other cases.
ARTICLE YI.
MASTER AND SERVANT.
§ 1. The contract—An infant may contract
for service with the consent of the parent or
guardian, and a wife, with the consent of her
husband. They may do the same without
sucli consent, when the parents of the child
are both dead, and there is no guardian;
when the parents, though living, are absent
from tlie county, and have not made sufficient
county Court. If two or more members of
a family be in the same master’s service; and
occupy quarters furnished by him, and one of
them be expelled by the master for a legal
cause before the expiration of the term, the
others may rescind the contract as to them
selves and have thpir wages apportioned at
three fourths of the contract rates for the
time served out, and leave the premises also ;
provided that this priviledge shall be con
fined to husband and wife "and no parents
and their children under seventeen years of
age, and provided, moreover, that it slmll
lie exercised, if at all, within three days after
the departure of the expelled member.
No member of a servant’s family after con
viction of larceny or other offense involving
moral turpitude, shall reside or come upon
tlie master's promises, without his consent.
No servant or liis family occupying quar
ters on the masters premises, shall receive ns
a visitor or sojourner at sucli quarters, any
person legally warned by the master not to
come there. If after notice of such warning,
the servant or liis family receive such person,
they may all be ejected by order of the coun
ty Court.
A servant who lias a lawful husband may
be visited by him at her quarters at aay hour
of the day or night, and he shall not thereby
become a trespasser unless he has been previ
ous warned by the master or liis agent. And
if warning be given him, the servant shall be
informed of it immediately, and she shall
have her option to leave the service in five
days and have her wages apportioned, anil
paid at contract rates, or remain and serve
out her term without the privilege of receiv
ing her husband on the premises."
A. master is responsible to the public for
the orderly keeping of the houses occupied
l»y servants upon his premises, and when such
houses become disorderly or ill-governed, in
the terms of the penal laws of this State, he
may protect himself by oausing the occu
pants to be ejected by order of tlie county
Court.
§ 4. Mutual defence of Master and Servant.
■Tlie relation of master and servant author
izes and jutifies the protection of each other
to the fullest extent. For any act done by
tlic command of tho master, in defence of the
master’s person, family, guests, agents, ser
vants, premises or property, the servant shall
not be liable civilly or criminally. It shall
also be the master's duty to protect the ser
vant from violence in his presence, and lie
may render him aid and assistance in obtain
ing redress for injury to his rights of pers
or property.
§ 5. Toss time &c.—For loss of time not
caused by the act of the master, and for all
losses whatever, occasioned by the negligence
or misconduct of the servant, just and fair
deductions, to be determined by the county
Judge, may be made from the wages.
§ 0. Food and other Necessaries—For food
anil other necessaries furnished by the master
while the servant is absent from work from
nny cause, like deductions may be made.
i ;,!■ lid . ■ M ' A''' ,</./;«<■, -
Without his express engagement the master
shall not be bound to furnish the servant with
medicine nr medical attendance.
if it bedonh
tioned; but
fill
- bur
i/if" making v case
of doubt shall always be upon the master.
Servants having their children with them
or the master’s premises, shall control such
children and cause them to abstain from un
provoked violence, insult or Impudence to
any of the master’s family, and to comply
with all reasonable rules and regulations of
the establishment; and any servant wilfully
failing in this duty, after being requeued to
perform it, may, oa five days’ notice be dis
charged, and, by order of the county Court,
sent away from the premises with his or her
family. A son ant discharged for this cause,
shall, unless found by the Court to have en
couraged the misconduct complained of, be
entitled to. three-fourths of the wages earned,
up to the time of discharge, to be apportion-
ccljat contract rntes.
A servant hired hy Court Contract, shall, at
the expiration of his term, or on being dis
charged by consent of parties, be entitled to
a written discharge from the master, and the
failure of the master to give him such dis
charge within twenty-four hours after a re
quest so to do, shall subject the master to a
forfeiture of twenty dollars, to be recovered
at the suit of the servant in the County Court,
and a discharge shall be issued by the Judge
or Clerk of said Court, at the master’s costs.
If a servant hired by Court contract be dis
charged without liis consent betorc tho end
of the term, he may proceed before the Coun
ty Court for damages or for specific jjerl'orm-
ance, or both, and if the master be found in
default, and be ordered to take the servant
hack, and he refuse to do so, he shall pay in-
.--tauter, the whole of the wages due or to be
come due, or the equivalent thereof, and the
Court shall give the servant a final discharge.
If the servant, on the contrary, be found in
default, and to have been discharged for legal
cause, he shall forfeit his wages and make sat
isfaction instantcr for any damages he may
have occasioned by liis breach of contract.
The Court, however, if the evidence he not
clear and satisfactory, may vary its orders to
meet the apparent equity of tlie case.
§ 14. Withdrawal of Servants—A servant
may withdraw from his master’s service for
an insufficient supply of wholesome food,
where it is the master’s duty by law or by
special contract to furnish it; tor ah assault
and battery by the master or his agent upon
himself or any of his family, or for violent
and menacing conduct though short of bat
tery ; for debauching liis wife or daughter by
the master; or for failure to pay wages when
due.
The effects of withdrawal, like tin se of dis
charge, shall vary with the cli-nrnc-ss and cer
tainty of evidence. A legal cause clearil
proven shall deprive the servant of none /
Ills wages; the absence of a legal cause clea (
Iy proven shall work a forfeiture of the whole
and if the cause be doubtful under the evi ,
dencc the wages shall be apportioned. Tin-
burthen of making a case of doubt shall he
on the servant
After a withdrawal under a Court Contract,
either party may apply to *he County Conrt
for redress. If a legal cause be found to ex
ist, the Court shall give the servant a dis
charge to enable him lo procure other em
ployment. and shall moreover compel the
| master to pay up hu \. . ;; s as they become
‘ Irrcacn of
• inv
nee.e.
I in
to !»
in
(, or property.^
civil nr criniin i 1 ' : 1
is introduced as a v.. .1
person, a party to l
again-i a color-- 1 P
the opposite p iny
as a witness. If lie
may also testify ns a witness.
5. Any affidavit o
which a whit ? pcr-i w
to his legal rights.or t
1 in any
colored pe
gainst a w
or a white witness
n irty to the case,
sworn mid testify
then his adversary
sworn
; make i
hts
atement
relation
of .one for
1>C
s- mi-armual sessions, at each term for the
next (but in caso of failure the drawing may
tako place at any time thirty days or more
before the session,) by the County Judge from
the Inferior Court jury box, according to tlie
usual practice in drawing juries, preserving
tim rotation as if the. jury was drawn for tlie
I Inferior Court.
: £ 13 Either party desiring a jury m any
;.Y.i£ ’ civil case in the daily Court, shall give three
davs notice thereof to the County Judge, or
Clerk and pay in advance the jury fee of
three dollars, which fee, however, may be re
covered as costs. 1 iie Judge or ( let i
thereupon have a jury summoned ot tiv
the officer selecting persons, as far
convenient, residing not more
be tried before tlie County Court, be brought
to trial within ten days, unless on cause
shown for continuacc.
SEMI-ANNUAL SESSIONS.
§ 53. The semi-annual County Court shall
have concurrent jurisdiction with other
shall be punished as for a contempt by fine ; Q 0 urts of law, in all civil cases of which cx-
not exceeding twenty dollars, or iniprison-J ,-lusive jurisdiction is not vested in some
ment not to exceed ten days. The failure of; other Court, including jurisdiction in Icgiti-
tlu.- plaintiff to appear by himself or attorney in:l tizing persons, changing names, and
to prosecute his claim, shall be.prima-facie | granting corporate privileges. The sessions
evidence against the person -serving the sum- s | 1;l n be held at such times as may boappoint-
mons. : ed for each county rcipectively by tko Gen-
§ 31. In any case in the Daily Court, a sum- (;ra | Assembly. Tiic Court shall proceed un-
mons may l»e served by the party or other der rules of the Superior Court, unless speci-
persons, or by an officer, and service by^the ; a py excepted. Appeals, as from the Inferior
iarty or unoilicial person may be proved by Qonrt, may be taken to the Superior Court,
ris oath, but it the defendant appears, no criminal jurisdiction.
ceediug or case delayed shall, if properly to j provision for the child until their return;
I..* - r ' when the wife lias been abandoned by her
husband, or he has been a month absent from
tho county; and in such other cases as the
county judge may, by special order in each
particular case, authorize and approve. The
same circumstances that render a wife com
petent to contract for service, by herself, shall
enable her to hire out such of her minor chil
dren as reside with her.
Any person who can and docs make a legal
contract for service, shall he competent to sue
or be sued in relation to the same, anil tbe
proceeds of such contract, unless expressly
made payable to another, shall belong to such
person; and lie or she. though an infant or i»
married woman, shall be liable for any breach
or failure of duty.
No Court contract for . ervicc by an infant
or married woman, shall be avoided by rea
son pf the party’s disability to contract, un
less the disability was known to the master
at the time of the hiring, or unless it was so
I obvious, or so notorious in the neighbor-
wlmni L •* Y-n t. a Person c '*^. J 1 | m0 nths, unless by consent of parties ana ms in- ! ~ § 55. If any offence is charged which isCounty Court,
competent «■> - '» f or whom | own consent, which shall he sufficiently shown j the tim- % ul m . e ;<W . j within the jurisdiction of the County Court, | Servants signing tho same contract, except
he is'agtfliL* * Comnff - V - to t»ko toti mo ; bydluhn^^ssion tales jurors may be . n-rern, d by any Justice or other ofikoo- , upon tim ^ t Sf'taofa’™ ^
«>' Irfcolonld woni.-:« f riin not be taken summoned as needed, and^ .j>1 ^not leTstiroiUen days after the is- ‘ jurisdiction, the trial thus begun shall be re-! slla11 uot be bound oue tor another ’ unless 11
shall
men,
may be
than eight
miles form the Court House. No juror -hail
serve at daily Court more than once in three
proof need be made. i
§32 If the defendant fails to appear, the §o4. Inc criminal jurisdiction of the
case max proceed cx parte, unless the Judge County Cou*. is exercised at its daily sessions,
deems d- lav necessary. If lie appears and and extends to all offenses by persons ol
iicfi-ids a brief of the grounds of defence color of which exclusive jurisdiction is.notj . ,, > •
' l-aU be entered upon the summons. vested in some other Court, and excludes | hood, as to leave no reasonable excuse tor ig-
• 33. Pro,ceding under possessory warrants, j the jurisdiction-heretofore vested in Justices I““ vant of any or sex ]lired bv
isabled
§8. Class of . s f/v. - ds—I. PCfTuais or'1'‘He. .-n-l -.n it il m
Wort—To these may be assigned any lawful I Oputract. It the servant be found to have
work which tlie master has to do, and the j withdrawn without legal cause, lio shall, if
servant must do it to the best of his skill and ! tbe master desire it, return to tier 'vice, pay
ability—2. Farm Servants—To these may be I all damages occasioned by liis withdrawal,
assigned any work appropriate to the age and !lnl *>e punished as fora contempt ifhe again
- x of the servant which is usually performed ! depart. It
—To these may lie assigned any household
tabor or domestic duty of the family (in the
house, yard, lot or garden, or at any other
place or places,) appropriate to the age'and
sox of ilic servant, and which, in a well or
dered family, is usually performed by any of
its members, or by one or more servant's—i.
Special Servants—To these may be assigned
all things pertaining to tlie special calling for
which the servant is engaged, and which is
usually done by a person whose pursuit in
life is that calling.
By special contract the sphere of a servant’s
duty may be narrowed or extended as the
partic s desire.
§ 9. Regulations for all Servants—Servants
shall obey all lawful orders of the master,
his family, and agents; shall be honest, truth
ful. sober, civil and diligent in business.
On Sunday the servants will generally be
entitled to leave of absene
the ma
ervant:
as forfeit hi
er do not move for
lallpay instantc * all dam-
wages. and until lie
nav
the damai
relic s
hall rcct
ive
n
.) written
disc!
barge so a;
s to prt
jcnrc oth
cr (
mi
iloyment.
For
doubts up
on the
evidence
•. ti-
ie(
lourt may
vary
the order
s in cji.
scs ot wi
.the
ira
aval as in
case
s of disch:
irge.
15. Chaim
*ter of -
-S , t.
Tli
master of
Ills t
"amilv, in
ansiv or
to inqi
.ari
touching
the i
character (
>f any ]
person
ho
lia
3 been in
bis s
iiTvice, 111::
-v give
tlie info;
;ma
tit
■n sought.
and
the same,
unless
fiiiscand
ma
lit
ious, shall
lie a
privilege!
1 eomn
iiunicatio
in.
Any master
or oiiu
l r person
wl
VO
shall wil-
fully
' misrepre
snt :i s
ervant will
b
regard to
mor
al qualitic
; or to
skin or t
■xp
■ *
once, siiau
be 1
ial.le to an actio
n for di
am:
i*_r
s by any
pers
on aggriev
•ed the
reby.
consent of parties and hi
ARTICLE VII.
MASTER AND AVFRENT1CE.
§ 1. Parental Contracts. Any colored
u But'to**take I child under eighteen years of age, may, by
carc'ofthe”premises or thelmhuals thereupon, t whichever parent has the legal control ot
or on unusual occasions, or fpr work of daily j bim or her, be bound as an apprentice tii any
'SSt;Merely because of sex.
1 County Court shall be paid
necessity, as many of them a? are indispensa
ble may be kept at home a part of the day
®r in case of sickness in the master’s family,
all day. Where the number, health and ca
pacity of the servants render it practicable,
thev shall do Sunday work in turn. • _ . „,, .
§10. Farm Servants—On farms or in out-1 the Judge of County Court.
respectable white or colored person, until he
or she shall attain the age of twenty-one years,
or for any shorter period.
§ 2. Paupers.—Colored paupers, under eigh
teen years old. receiving relict from the ml 1 '
lie, mav be bound out for the like ternij' ,