Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-01-11

possession any ohattel, money or saiuaoiet
security, for or in the name Of, or on the
account of his employer OF master, and
shall fradulently embezzle the same, or any
part thereof, such clerk, servant or employ.
ee shall, upon convictaup thereof, be. pun.
ished in the same way as if be had been
convicted of having feloniously stolen from
the employer or master, ohattels, moneys OF
valuable securities of the same amount In
value. Ip any such case, except when the
offence shall relate to ehattel, it shall be
sufficient to allege the embszzlsment to be
of money, without specifying any partieu.
lar coin or valuable security, and to prove
the embezzlement Of any amount of moneys
or valuable securities. II in any such case,
upon the trial the proof shall show larcs-
ny, the Jury shall be at liberty to return
verdict that the offender is not guilty Of em.
beszlcment, but is guilty Of simple larceny,
or of larceny as a servant, as the case may
be; and upon the trial Of o clerk, servant
or employee for larceny, If the proof shall
show an embezzlement, the Jury shall be at
liberty to return ayerdict that the offender
is not guilty Of larceny, but is guilty of
embezzlement; and thereupon, in either
case, the effect shall be the same as if the
offence whereof the offender is found. guilty
had been specially alleged; the amount in
value being taken to be that which is al
legged, unless the verdict shall fix less
amount. No person,tried for embezzlement
or larceny as aforesaid, shall bsliable to be
afterwards prosecuted for larceny Or embez.
element upon the same facts. -,
Sec. TX. Ifany person shall incite, pro.
cure, hire or counsel q servant to commit 3
larceny or embezzlemeDt of any chattels,
money or valuable security of his master,
such offender shall be guilty of an.ofsnue,
and according to the event, may be mis-,
demeanor or felony. IF the said larceny
or embezzlement should not be committed
by such servant, the offender shall be gull.
ty of misdemeanor, and upon conviction,
be punished as if be bad been convicted of
simple larceny Of goods below the value of
ten dollars If the said larceny or embez.
element should be committed by the serv-
ant and be itself only a misdemeanor, the
offender aforesaid shall be deemed princi.
pal in that misdemeanor, and upon oonyic-
ton, be punished accordingly. 1.-THE said
larceny or em5ezzlement committed by the
servant should be felony, the offender
aforesaid shall be an accessory before the
fact, may be tried and convicted, whether
his principal be or be hot previously con-
Yieted, and upon conviction shall be pun
.ished according to the nature of his crime
under the law.
SEQ x. A person of color who is in the
employment of a master engaged in hus-
bandry, shall not have the right to sell any
corn, rice, peas, wheaton other grain, any
-four, cotton, fodder, hay, bacon, fresh meat
Of any kind, poultry Of any kind, animal Of
any kind, or any other produet Of farm,
without having written evidence from such
master or some person authorized by bin,
or from the District Judge or Magistrate,
that he has the right, to sell such product
and if any person shall, directly oriudireot
", purchase any such prodnet from such
person Of color, without such written evi. l
deuce, the purchaser and seller shall each
be guilty of misdemeanof. The purcba-I
ser, upon conviction Of any such offence,
shall be liable to fine not exceeding five
hundred dollars, and to suffer imprisonment
not exceeding twelve months The seller
shall be liable to fine of at least Eve dol
lars, and at least equalt to twice the value of
the product sold, and if it be not immedi,.
ateIy paid, shall suffer corporeal punishment.
SEC XI. 1t shall be misdemeanor, for
any person not authorized, to write or give
to person of color writing which pro-
fesses to show evidence of the right of that
person of color to sell any product of a farm,
which, by the section last preceding, he is
forbidden to sell without written evidence
and any person convicted of this misde.
meanor shall be liable to the same extent
as the purchaser, in the section last prece-
ding, is made liable; and it shall be mis-
demeanor for person of color to exhibit,
as evidence Of bis right TO sell any product
writing which be knows to be false sor.
eounierfeited, or to have been written or
given by any person NOT authorized and,
on conviction of this demeanor before
District Court or Magistrate, such person
Of color shall be liable, as in section last
preceding, tbeGseller is made liable. These
provisions shall mutatis n.utandis extend
to cases where the writing processes to be a
permit Of ABSENCE, or permit of any other
kind. The lines 10 any Of these cases be.
ing at the discretion Of the Judge or Mag
trate. ,-- -ss,ssss. E.sss. - -
Sec XII Where no special punishment
is provided for . misdemeanor, it shall, ac-
cording to it's nature and degree, be pun
ished at the discretion of the Court, by one
or more of tho modes of punishment which,
ID the fourth section Of this Act, have been
enumerated for 9, felony with benefit of
clergy, except transportation.
SEC. XIII. Persons of color constitute |
no part of the Militia Of the State, and no
one Of them shall, without permission in
writing from the District Judge or Magis-
trate, be allowed to Keep a fre-arm, sword
or other military weapon except that one
of them, who is the owner Of a farm, may
keep shotgun or rife, such as is ordinar.
lily used in hunting, but not a pistol, mus:
ket or other fre-arm or weapon appropriate
for purposes of war. The District Judge
or Magistrate may give an order, under