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An Act to establish and regulate the Domestic Relations of Persons of Color, and to amend the law in relation to Paupers and Vagrancy. 1864-1865 291 (1865)

handle is hein.slavery/ssactssc0463 and id is 1 raw text is: OF SOUTH CAROLINA, and be subject to it in liko mannor as, in other Districts, Boards are to A. D. 1865. their rospective District Courts. The records of Borkeloy Districtshall be kept in the office of the Clerk of the Judicial District of Charleston. The Judgo of the District Court of Borkoley may hold monthly and quartorly sittings of his Court at such places in his District as he may appoint, taking care to give due public notice; and all process of his Court shall be returnable to such place as the Judge of the Court may appoint, and be by suitable words framod accordingly. Jurorsior common Juries shall be summoned by the Sheriff from any citizens of the District, and for Juries. Special Juries, Jurors shall be drawn from a box which contains the names of all citizens of the District, the Judge being at liberty to reject, of those drawn, any citizen who lives more than twenty miles from the place where the Court is appointed to be held. XLVIII. All the provisions of this Act will apply the District Court of DitIrietCuit Charleston, and all the olicers of the Judicial District of. Charleston will of Charloston. occupy the same relations to the District Court of Charleston as like officers do in other Judicial Districts to the District Court of such Dis- tricts, except as in this Act excepted in reference to Berkeloy District. XLIX. The Judges first elected under this Act shall not be conunis- conumision sioned until the Governor shall be satisfied that they will be permitted to of Judges. exercise the jurisdiction committed to thoni. In the Sonato House, the ninoteeth day of December, in the year of our Lord one thousand eight hundrod and sixty-fivo. W. D. PORTER, Piresident of tie S6ndle. C. II. SIMONTON, Speaker Hiuse (f Representatives, Approved: JAiEs L. Oun. AN ACT TO ESTABLISHt AND REGULATE THLE DoMESTIC RMEATIONS oF PE- No. 4733. sons or CoLon, AND TO MiEND TILu LAw IN IrELATLON TO PAUPE11 AND VAGoANCY. Be it enaced by the Sonato and House of Rieprsnoutatives, now itiet and sitting in General Assembly, and by the authority of the same, as follows: HUSBAND AND WIE. I. The relation of husband and wife aiongst persons of color is ostab- Husband and lished. wife. II. Those who now live as such, are declared to be husband and wife. III. In case of one uman having two or more ropnted wivos, or 0110 Two wivo or woman two or more roputed husbands, the man shall, by the first day of husbands. April next, select one of his reputed wives, or the woman one of her re- puted husbands; and the ceremony of marriage, between this man or woman, and the person so selected,'shall be performed. IV. Every colored child, heretofore born, is declared to be the logiti- .u. mato child of his mother, and also of his colored father, if lie is acknow- of children. lodged by such a father. . V. Persons of color desirous hercafter to become husband and wife, Harriage should have the contract of marriage duly solemnized. contiract. VI. A clergyman, the District Judge, a Magistrate, or any judicial officer, may solemnizo marriages. VII. Cohabitation, with reputation, or recognition of the parties, shall Cohabittion. be evidence of marriage, in cases criminal and civil. VIII. One who is a pauper, or a charge to the public, shall not be com- Illegal mumur- potent to contract marriage. Marriago between a white person and a riages. person of color shall be illegal and, void. 291

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