Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-01-19
ACTS
or TIE GENERAL ASSEMBLY,


OF Colon, AND TO AMEND THE LAW IN
RELATION TO PAUPERs AND VAaRAN-
CY
Be 1t enacted by the Senate and House
Of Representatives, moao met and sitting n,
General assembly, and 6y the authority
Of the same, as follows:
HUSBAND AND WIFE.
I. The relation of husband and wife
amongst persons Of color is established.
II. Those who now live rs sucn, are de.
clared to be husband and wife.
III. In case Of one man having two or
more reputed wives, or one woman two or
more reputed husbands, the man shall, By
the first of April next, select one of his
reputed wives, or tho woman one Of her
reputed husbands; and the ceremony of
marriage, between this man or woman,
aud the person SO selected, shall be per-
formed.
". Every colored child, heretofore born
is declared 10 be the legitimate child of his
mother, and also Of his colored father, if
he is acknowledged by such father.
V. Persons Of color, desirous hereafter
to become husband and wife, should have
the contract of marriage duly solemnized.
VI. A clergyman, the District Judge, a
Magistrate, or any judicial officer, may
soemnize marriages.
VII. Cohabitation, with reputation, or
recognition Of the parties, shall be evil
dence of marriage, in cases criminal and
civil.
VIII. One who is pauper, or charge
to the public, shall not be competent 10
contract marriage. Marriage between a
white person and a person OF color, shall
be illegal and void.
TX. The marriage of an apprentice shall
not, without the consent of tue master, be
lawful.
x. A husband shall not, for any cause,
abandon or turn away Ills wife, nor wife
her husband. Either Of them that aban-
.'dons or turns away the other, may be
prosecuted for u:isdemeanor and upon
conviction thereof, before District Judge,
may be punished by fine and corporal pun.
ishment, duly apportioned to the circum-
stances OF aggravation or mitigation. A
husband not disabled, who has been thus
convicted of having abandoned or turned
away his wife, or who has shown 10 fail in
maintaining his wife and children, may he
bound to service by the District Judge
from year to year, and SO much of the pro.
hts OF bis labor, as may be requisite, be
applied to the maintenance Of his wife and
children; the distribution between them
being made according 10 their respective
merits and necessities. In IKE manner,
wife not di,abled who has been thus con-
vicied, may be bound, and the proceeds of
her labor applied to the maintenance of
her children. In either case, any surplus
Proht shall 60 to the person bound. Al
the end OF any year for which he was
bound, the husband shall have the right to
return to, or receive back, his wife, and
thereupon shall be discharged upon con-
ditlon OF his afterwards maintaining bis
wife and children. A like right a wife
shall have, at the end Of year for which
she was bound, on condition of her making
future exertons to maintain her family.
XII. Whenever husband shall be con.
vlcted of having abandoned or turned away
his wife, she shall be competent 10 make
contract for service; and until be shall
return to her or receive her back, she shall
have all the rights, and be subject to all the
liabilities OF an unmarried woman, except
the right to contract marriage. When eli.
ther husband or wife has abandoned the
other in any District, and that other re-
mains there, if upon the warrant or sum
mons against the one charged Of misle-
meanor under the section next preceding,
there be return by Sheriff or Constable
under oath, that the accused has left the
District or absconds, 80 that there cannot
be personal service, the prosecution may
proceed as If the accused had been arres.
ted, aud upon conviction, all the other con.
sequences shall follow, except punishment
and that sball be reserved until the accused
may bs brought into Court, when an op-
portunity shall b. given for disproving the
truth OF the return and setting aside the
conviction.
PARENT AND CHILD.
XII. The relation Of parent and child.
amongst persons of color, is recognized,
confers all the rights and remedies, civil
and criminal, and imposes all the duties.
that are incident thereto by law, unless the
same are modified by this Act, or some
legislation connected herewith.
XIII. The father shall support and
maintain his children, under fifteen years
OF age, whether they be born of one Of his
1eputed wives.or of any other woman.
GUARDIAN AND WARDS.
XIV. The relation Of Guardian and
Ward, as It now exists in this State, with
al the rights and duties incident thereto.
- extended to persons Of color, with the
notifications made BY this Act.
AAsrER AND APPRENTICE.
Ky: A child, over the age of two years,
porn OF a colored parent. may be bound
oy the father, if be be living in the Dis
tfi0t, or in casa Of hia daath A. Il