The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-04-14
[OFFICLAL.]
Acts Passed by the State Legislature

[OFFICIAL.l
Acts Passed by the State Legislature.
an Act to protect laborers and persons qcoyh
ing unde' contract on shares Of crops.
SECTION 1. Be ii endctel 6y the Senate and
House Of Representatives Of tie State of South
Carolina, mo,o met and sitting in General As
semby, and By the authority of the same
That all contracts made between owners of
land, their agents, administrators or exc
cutors, and laborers, shall be witnessed by
one or move disintcrested persons, and at
the request OF either party be duly executed
before Justice of the Peace or Magistrate.
whose duty it shall be to read and explain
the same to the parties. Such contracts
shall clearly set forth the conditions upon
which the laborer or laborers engage to
work, embracing the length of time, the
amount of money to be paid, and when. If
1T be on shares of crops, what portion of the
crop or crops.
SEC. 2. That whenever labor is performed
under contract ON shares of crop or crops.
such crop or crops shall be gathered and
divided off before it is removed from the
place where it was planted, harvested or
gathered; such division to be made by q
disinterested person, when desired by
either party to the contract and such disin-
terested party shall be chosen by and with
tho consent of the contracting parties.
Whenever tho parties fail to agree upon any
disinterested party, or if complaint is made
that the division has been unfairly made,
within ten days after such division, it shall
be the duty of +ie Justice of the Peace or
Magistrate residing neares. the place where
such crop or crops are planted, harvested or
gathered, to cause, under his Immediate su-
pervision, such equitable division as may
be stipulated in the contract. Such disin-
terested party, or Justice of the Peace or
Magistrate, shall receive reasonable com
pensation' for such service, to be paid by
both OF the contracting parties, according
an attempt to wilfully Gefraud the other bv
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 several portions as
TO him, her or them may seem fitting: Pro
oided, That if either party be in debt to the
other foriany obligation incurred under con-
tract, the amount of said Indebtedness NAV
be then and there settled and paid by such
portion OF the share or shares of the party
30 indebted as may be agreed upon by the
parties themselves, or set fpart by the JUS
tice OF the Peace or Magistrate or any
party chosen to divide said crop or crops.
Dec. y. That whenever laborers are work.
ing on shares of crop or crops, or for wages
IN money or other valuable consideration,
they shall have prior lien upon said crop
OF 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
violnted or broken, or whenever fraud is
practiced, or attempted to bo 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
Justice OF the Peace or Magist rate, or NAV
De carried before any Court having juris-
dnctlon IN such cases. where the extent and
character of the offence shall be determined.
Ii the offending party be the land owner or
owners, his, her or their agent or agents,
ana fraud has been practiced, or attempted
70 De practced either in keeping any ac-
count or accounts between him. her or
them and the other party or parties to such
contract or contracts, in the division of
the crop or crops, or the payment of money
or other valuable consideration upon nrooe
to conviction, such offender or Offenders
snali forfeit and pay fine not less than
NIFTY loO) dollars, nor more than five hun
dred t60G) dollars; or If it be disinterested
party chosen to make division or divisions
OF crops hereinbefore provided, he, she or
they shall be liable TO an action of trsspasa.
and shall be tried In any Court of compe.
tent JurisdictioD, and on proof to convicl
ton, he fined in o sum not less than fiftv
nor more than Ave hundred dollars, or be