South Carolina - Acts on Education Topics

An Act to Provide for the Establishment of a House of Refuge and Industrial School in the Cities of Charleston and Columbia.

November 25, 1873

Acts and Joint Resolutions of the General Assembly of South Carolina 1871-72, Pages 502-504.

Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the City Councils of Charleston and Columbia, by their ordinances duly ratified, shall have power aud authority to establish a House of Refuge and Industrial School for the care, correction, education and instruction of juvenile offenders of the law and peace of the city, and to make rules and regulations, and appoint a Board of Commissioners and other officers for the government of the same: Provided, That at no future time the city corporations of Charleston or Columbia shall apply to the General Assembly of the State for any pay in the establishment and management of said schools.

Sec. 2. That the Mayors or acting Mayors of the city of Charleston or Columbia shall have power and authority to commit juvenile offenders to the House of Refuge and Industrial School for a term of years, to be held to useful industry, and to be instructed in various branches of knowledge for which they may be qualified: Provided, That before the commitment of any such juvenile offenders or minors brought before the Mayor of the city of Charleston or the city of Columbia by a Constable, public officer or resident of the said cities, the Mayor shall issue a summons to the father of the said offenders if he is living and resident within the city, and if not, then to the mother, if she is living and so resident, and if there is no such father and mother, to the lawful guardian of said offenders, if any there be so resident, or, if not, to the person with whom, according to his or her statement and such other testimony as shall be received the said offenders reside, and if there be no person with whom the said offenders statedly reside, the Mayor may appoint some one to act in the said offender's behalf, requiring him or her to appear at a time and place stated in the summons, to show cause, if any there be, why such offenders shall not be committed to the House of Refuge and Industrial School. And, at the time mentioned in the summons, the Mayor shall proceed to examine the said offenders and any party appearing in answer to the summons, and take such testimony in relation to the case as may be produced. If the allegations are proved, and it appears that the offender is a suitable subject of the House of Refuge and Industrial School, and that his or her moral welfare and the good of society require that the said offender should be sent thereto for instruction, employment or reformation, he shall commit the said offender to said House of Refuge and Industrial School: Provided, further, That an appeal shall be allowed from any decision rendered against any offender to the Circuit Court of the Counties of Charleston or Richland.

Sec. 3. That the Mayors or acting Mayors of Charleston or Columbia, or the Board of Commissioners which the City Council of their respective cities shall create and appoint to supervise the said institution, shall have power and authority to bind either of the inmates of the said House of Refuge and Industrial School that shall have arrived at the age of fourteen years as apprentices to any trade or employment for which they may be fitted, the males till eighteen and the females till fifteen years of age: Provided, That in binding out the inmates, as herein provided, there shall be a scrupulous regard to the moral character of those to whom they are bound, that they may have secured to them the benefit of a good example and wholesome instruction, and the sure means of improvement in virtue and knowledge, that they may become intelligent, moral, useful and happy citizens.

Sec. 4. That it shall be a misdemeanor to entice away or harbor any of the minors committed to the House of Refuge and Industrial School, or to entice away or harbor such of them as shall have been apprenticed by the authority aforesaid.

Sec. 5. That all Acts or parts of Acts in conflict with the foregoing are hereby repealed.

R. Howell Gleaves, President of the Senate.
Samuel J. Lee, Speaker of the House of Representatives.
Franklin J. Moses, Jr., Governor.

Approved: November 25, 1873



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