Midgett v. . McBryde

Supreme Court of North Carolina
Midgett v. . McBryde, 48 N.C. 21 (N.C. 1855)
Pearson

Midgett v. . McBryde

Opinion of the Court

Pearson, J.

The County Court, under the Statute, (Rev. Code, cli. 5, sec. 1,) has power to bind out all free base-born children of color, without reference to the occupation or condition of the mother. .That provision of the Statute which relates to the occupation or employment of the parents is confined to cases of free negroes and mulattoes AAdiose children are legitimate. In such cases, if the parents have no honest *23 ■or industrious occupation, the children may be bound out. These considerations do not arise when the child is a bastard.

Dee Curiam.

Judgment affirmed.

Reference

Full Case Name
Nancy Midgett v. . Willoughby McBryde.
Status
Published
Syllabus
The provision of the Statute, “ All free base-born children of color are liable to be bound out as apprentices by the County Courts, although their par-rents do habitually employ their time in some honest and industrious occupation,” applies only to the legitimate children of free negroes.