Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-01-03

agents; or for prolonged absence from the
premises, or absence on two or more occa'
sions without permission.
LII. For any acts or things herein declar'
ed to be causes for the discharge of aservsnt,
or fol any breach Of contract or duty by him,
instead of discharging the servant, the mas
ter may complain to the District Judge or
| one of the Magistrates, who shall have power,
on being satisfied Of the misconduct complain
| ed OF, to inHict, or cause to be inflicted, on
the servant suitable corporal puniehment, or
impose upon him such pecuniary fine as may
be thought fit, and Immediately to remand
him to his work; which fine shall be deduc-
ted from his wages, if not otherwise paid
LII. If a master has made valid con-
tract with a servant, the District Judge or q
Magistrate, may compel such servant to OBJ:
serve his contract, by ordering infiction of
the punishment, or imposition of the ino
hereinbefore authorized.
RIGHTS OF MASTER AS TO THIRD PERSONS. ,
LIV. The master shall~not be liable for
the voluntary trespasses; torts or misdemean.
crs of his servants. He shall not be liable
for any contract Of his servant, unless made
by his authority nor for the acts Of the SER
want, unless they shall be done within the
scope of the authority entrusted to him. by
the master, or in the course of his employ
ment for the master in which excepted cases
the master shall be ans~erablc for the fraud,
negligence or wunt Of skill of his servant.
The masters right of self defence shall EN-.
brace his servant. It shall be his duty TO-
protect his servant from violence, by others,
in his presence, and he may render him old
and assistance in obtaining redress for injury
to his rights OF per6on or property. ~
LV. Any person who shall deprive q mas,
ter of The service Of his servant, by enticing
him away, or by harboring and OBTAINING
him knowing him to be servant, or by
beating, con6ning, disabling or otherwise in.
juring him, shall be liable, on conviction
thereof, to fine not exceeding two hundred
dollars, and not less than twenty dollars, and
to Imprisonment or hard labor, at the discre-
tion Of the Court, not exceeding sixty days !;
and, also, to oil action by the master to re-
cover damages for loss OF services.
LVI. The master may command his SER
want to aid him for the defence Of his own
person, family, premises or property; or of
the person or property ofan7 servant on the
premises OF the master and it shall be the
duty of the servant promptly to OBEY SUCH
command. E,
LVII. The master shall no. DO bound to
furnish medicine or medical assistance for his
servant, without his express engagement.
LVIII. a master may give the character
Of one who has been in his service to sper-
son who may make inquiry of him; which
shall be privileged Communication, unless
it be falsely and maliciously given. And no
servant shall have power to make new con-
tract, without the production oftlic discharge
of his former master, District Judge or Mag
istrates.
LIX. Any person who shall wiliully mis-
represent the character of servant, wheth-
er he has been in his service or not, either
for moral qualities, or for skill or experience
in any employment or service, shall be liable
to an action for damages by"ny one who has
been agsreved thereby. ..y,c =. -. .s=-e,, :.
-LX. Upon .he conyielon-Df my masterofi
larceny or felony. tue Dislrict Judge slisll
have the right, upon the dcmaad Of any white
tree-holdrr, 10 anmul the contract between
such convict and bis colured servants. If
any while freeholer shall complain to the
District Judge that ahy master So manages
and controls his coiorcd serrants as to make
them nuisance to tue n'lghborhood, the
.Iu-ge shall order an issue to be made up ard
tried before Jury, and ifsach issue is lound
in favor Of the complainant, the District
Judge shall annul the Contract between such
easter and his coured servant or servants,
and in each of the cases above provided for,
he shall not approve any subsequent eonyact
between such person and any colored servant
for two years thereafter.
RIGHTS OF SERVANT AS BETWEEN HIMSELF AND
MASTER.
LXI. The servant may depart from the
masters service for an insufficient supply OF
wholesome food for an unauthorized battery
upon his Cwn person, or one Of his family,
not committed in defence of the person, fA;r-
lily, guests or agents Of the master, nor to
prevent crime or aggravated misdelneanor
invasion by the master of the conjusal rights
of the servant; or his failure 10 pay wages
when due; and may recover wages due for
services rendered to the time of his depar-
ture.
LXII. The contract for service shall not
be terminated By the death of the master,
without the assent of the servant. Wages
due to white laborers and to white and COL
ored servants, shall rank as rent does in case
of the insuliciency of the masters property,
to pay all debts and demands against him,
but not more than ono years wages shall be-
so preferred. When wrongfully discharged
from service, the servant may recover wages
for the whole period Of service according 10
the contract. If his wages have not been
paid to the day of his discharge, he may rev
gard bis contract resoinded By the discharge,
and recover wages up TO that time.
LXIII., The master shall receive into his
employment the servant with whom he has
made contract, but any of the causes which
may justify him in discharging a servant,
shall Justify him ia refusing to receive him.
LXIv. The master shall, upon the dis
charge, or at the expiration of bis term Of
service, furnish the servant with g certificate
of discharge, and at The requ.st of the servant,
give him certificate of character.
MUTUAL RIGHTS OF MASTER AND SERVANT.
LXV. Whenever a master discharges
servant, the servant may make immediate
complaint to District Judge, or Magistrate,
and whenever q servant departs from his
masters service, the master may make like
complaint In either case, the District Judge,
or Magistrate, shall by summons or warrant,
have the parties brought Lefore him, hear
them and their witnesses, and decide "a TO
the sufRciency of the cause of ha discharge
or departure. This declaion shall not affect
or prejudice any further action on either side,
but it may avail to restore the relation OF
master and servant between the parties, If
that be ordered. If the servant be decided
to have been unlawfully discharged, and
should, desire to return to service. under his
contract, the master shall be compelled to
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