The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1869-04-21

able compensation, for such SER
vice, to be paid by both Of the
contracting parties, according to
their several interests, except in
cases of an attempt to w,lfnlly de.
fraud the other by one of the con
tracing party; then sucl, ccmpen-
'sation shall be paid by the party
SO attempting to defraud the 9th.
er; when such division has been
made, each party shall be free to
dispose Of their several portions as
to him, her or them may seem fit.
ting: Iropided, That if either
party be in debt to the other for
any obligation incurred under
contract, the. amount Of said i'm
debtedncss may be then and there
settled and paid by such. portion
of the share or shares Of the party
80 indebted as may be agreed
upon by the parties themselves, or
set apart by the, Justice of the
Peace or Magistrate, or any party
chosen to divide said crop or crops.
SEQ. 3. That whenever laborers
are working on shares Of crop or
crops,'or for wages in money or 9TH
er valuable consideration, they shall
have q prior lien uron said crop
or crops, in whomsoever hands It
might be. Such portion of the
crop or crops to them belonging,
or such amount of money or other
valuable consideration dne, shall
be recoverable by an action in any
Court of competent Jurisdiction.
SEQ. A. That whenever such
contract or contracts are violated,
or attempted to be violated or
broken, or whenever fraud is prac-
ticed, or, attempted to be prac-
ticed; by either party to such con-
tract or contracts, at any time be-
fore the conditions of the same are
fulfilled and the parties released
therefrom, complaint may be made
before q Justice of the Peace or
Magistrate, or may be carried be-
fore any Court having jurisdiction
in such cases, whore the extent
and character of the offence shall
lie determined. If the offending
party be the land owner or own
ers, his, her or their agent or
agents, and fraud has been prac.
ticed, or attempted to be prac.
ticed, either in keeping any ac-
count. or accounts between him,
her or them and the other party
or parties to such contract or con.
tracts, or in the division of the
crop or crops. or the payment of
money or other valuable consider
alton, upon proof to conviction,
such offenaer or offenders shall
forfeit and pay a fine not less than
fifty (50) dollars. nor more than
five hundred (500) dollars; or if it
be a disinterested party chosen to
make q division or divisions of
crops hereinbefore provided, he,
she or they shall be liable to an
action of trespass, and shall be
tried in any Court of competent
Jurisdiction, and on proof to con-
vicIion, be fined in a sum not less
than fifty nor more than five hun.
drei dollars, or be Imprisoned for
q period not less than one month,
nor more than one year, at the
discretion of the Court. If the of:
Tending party be q laborer or la
borers, and the offence consist Ell.
ther in failing wilfully and with.
out just cause to give the labor
reasonably required of him, her or
them by the terms OF such con
tract, or III other respects shall re.
fuse to comply with the conditions
of such contract or contracts, or
shall fraudnlently make use of or
carry away from the place where
the crop or crops he, she or they
may bc working are planted any
portion of said crop or crops, or
anything connected herewith or
belonging thereto, such person or
persons so offending shall be liable
to fine or imprisonment. according
to the gravity of the offence, and
upon proof to conviction before a
Justice of the Peace, or q Court of
competent Jurisdiction. vii.
SBo. 5. Any Justice of the
Peace, Magistrate, or otter officer,
before whom complaint is made,
and whose duty it is to try such
cases as is hereinbefore provided,
who shall offend against the true
intent and meaning of this Act, or
sball refuse to hear and determine
impartially all cases that may be
brought before him uuder the pro