Year: 1869

Ats ut the 4egtslatnre.


AN ACT


TO PROTECT LABoRERs AND PERSONS WORKING


UNDER CONTRACT ON SHARES OF CROP.


SECTION /. Be it enacted By the Senate and
House of Representatives of the State of South
Carolina, mow met and sitting in General Assens
bly,, and By the authority of the san.e That all con-
tracts made between owners of land, their agents,
administrators or executors, and laborers, shall be
witnessed by one or more disinterested 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 it be
on shares of crops, what portion of the crop or
crops.


SEC. .. That whenever labor is performed un-
der contract on shares of crop 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 dsinterested person, when desired by either
party to the contract, and such disnterested party
shall be chosen by and with the consent Of the
contracting parties Whenever the parties fail to
agree upon any disnterested 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 the Justice of the Peace or Magistrate re-
siding nearest the place where such crop or crops
are planted, harvested or gathered, ocause under
his immediate supervision, such equitable division
as may be stipulated'in the contract. Such disin-
terested party, or Justice of the Peace or Magis-
trate, shall receive reasonable compensation for
such service to be paid by both of the contracting
parties according to their several interests, except
in cases of an attempt to wifufy defraud the 9th
er by one of the contracting party; then such
compensation shall be paid by the party attempt
ing 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: Romdcd, That if either party be in
debt to the other for any obligation incurred under
contract, the amount of said Indebtedness may be
then and there settled and paid by such portion Of
the share or shares Of the party so 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
| SEC. 3. That whenever laborers are working on
shares of crop or crops, or for wages in money or
other valuable consideration, they shall have prlor
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 9th
er valuable consideration due, shall be recoverable
by an action in any Court of competent jurlsdlc-
ton.


SEC. 4. That whenever such contract or con-
tracts are violated, or attempted to be violated or
broken or whenever fraud is practiced or attempt
ed to be practiccd, by either party to such con-
tract or contracts at any time before the condi-
tions of the same are fulfilled and the parties re-
leased therefrom, complaint may be made before q
Justice of the Peace or Magistrate, or may be car
ried before any Court having jurisdiction in such
cases, where the extent and character of the Of
fence shall be determined. If the offending party
be the land owner or owners his her or their agent
or agents, and fraud has been practiced or attempt
ed to be practiced, either in keeping any account
or accounts between him, her or them, and the
other party or parties to such contract or contracts
or in the division of the crop or crops or the pay
ment of money or other valuable consideration,
upon proof to conviction, such offender or offend
ers shall forfeit and pay fine not less than fifty
(5O) dollars, nor more than FIVE hundred (5OO) dol
lars; 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 ac-
tion of trespass, and shall be tried in any Court
of competent jurisdiction, and on proof to convic
ton, be fined in sum not less than fifty nor moro
than five hundred dollars, or be imprisoned for a
period not less than one month, nor more than one
year, at the discretion of the Court. If the Of
Tending party be laborer or laborers, and the Of
fence consist either in failing wifuy and without
just cause to give the labor reasonably required Of
him, her or them by the terms Of such contract or
in other respects shall refuse to comply with the
conditions of such contract or contracts, or shall
ffaudulently make use Of or carry away from the
place where the crop or crops he, she or they may
be working are planted any portion of said crop OF
crops or anything connected Herewith or belong.
ing thereto, such person or persons 50 offending
shall be liable to fine or imprisonment, according
to the gravity of the offence, and upon proof to
conviction before Justice Of the Peace or Court
of competent jurisdiction.


SEC. 5. Any Justice of the Peace, Magistrate,
or other officer, before whom complaint is made,
and whose duty it is to try such cases as is herein
hafro nrov;dod who sha1l offend apaiDst the true