The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-04-22
VOLUME 4.---NO. 43.

such equitable division as may be stipula-
ted in the contract. Such disinterested
party; or Justice of the Peace or Magis-
trate, shall receive reasonable compen-
sation for such service, to be paid by both
of the contracting parties, according to
their several interests, except in cases of
an attempt to wiltully defraud tho other
by one Of the contracting party; then
such compensation shall be paid by the
party so attempting to defraud the other;
when such division has been made, each
party shall be free to dispose of their sew.
eral portions as to him, her or them may
seem fitting: Provided, That if either par.
ty be in debt to the other for any obi iga-
ton incurred under contract, the amount
of said indebtedness may be then and
there settled, and paid by such portion of
the share or shares oftbe party so indebt-
cd, rs 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.
Sec. 3. That whenever laborers are
working on shares of crop or crops, or for
wages in money or other valuable consid-
Grafton, they shall have prior lien upon
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
due, shall be recoverable by an action in
any Court of competent jurisdiction.
SEC. 4. That whenever such contract or
contracts are violated, or attempted to be
violated or broken, or whenever fraud is
practiced, or attempted to be practiced, by
either party to such contract or contracts,
at any time before the conditions of the
same are fulfilled and the parties released
therefrom, complaint may be made before
a Justice of the Peace or Magistrate, or
may be carried beforesany Court having
jurisdiction in such cases, where the extent
and character of the offence shall be de.
termined. If the offending party be the
land owner or owners, his or her or their
agent or agents, and fraud has been prac-
ticed, or attempted to be practiced, either
in keeping any account or accounts be-
tween him, or her or them and the other
party or parties to such contract or con-
tracts, or in the divisions Of the crop or
crops, or the payment OF money or other
valuable consideration, upon proof to con-
viction, such offender or offenders shall for
felt and pay fine not less than fifty (S5O
dollars, nor more than five hunderd (S500)
dollars or if it be disinterosted party
chosen to make division or divisions Of
crops hereinbefore provided, he, she or
they shall be liable to action of trespass,
and shall be tried in any Court of eompe.
tent jurisdiction, and on proof to eonvic-
ton, be fined in n sum not less than fifty
nor more than FIVE hundred dollars or be-
imprisoned for period not less than one
month, nor more than one year, at the
discretion of the Court. If the offending
party be laborer or laborers, and the
offence consist either in failing wilfully
and without just cause to give ths labor
reasonably requised of him, her or them,
by the terms of such contract, orin other
respects shall refuse to comply with the
conditions of such contract or contracts,
shall fraudulently make use of or carry
from the place where the crop or he, she
or they may be 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, accord
ing to the gravity OF the. offence, and up
on proof to conviction before Justice OF
the Peace, or a Court of competent juris-
diction.
Sec. S. Any Justice of the Peace, Mag.
istrate or other officer, before whom COM
plait is made, and whose duty it is to try
such cases as is hereinbefore provided,who
shall offend against tho true intent and
meaning of this Act, or shall refuse to
hear and determine impartially all cases
that may be brought before him under
the provisions of this Act, and all peace
officers whose duty it is to apprehend sill
offenders against the laws of the State,
who shall refuse to perform their duty in
bringing to Justice any and all offenders
against this Act, shall be liable to charge
OF malfeasance in Office, and upon proof
to conviction. shall be forthwith removed
from office and fined in sum not less
than fifty nor more than one hundred dol
lars.
SEC. 6. All Acts and parts of Acts in
any way conflicting with the provisions
of this Act are hereby repealed.
SEC. 7. This Act shall take effect and
have the full force of law from and after
its passage.
In the Senate House, the eighteenth day
of March, in the year of our Lord one
thousand eight hundred and sity-nine.
CHARLES W. MONTGOMERY,
President of the Senate pro tenn.
FRANKLIN J. MOSES, JR.,
Speaker House of Representatives.
Approved the 10Th day of March.
ROBERT K. SCOTT, Governor.