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48 N.C. 21

Midgett v. . McBryde

Supreme Court of North Carolina

Decided December 5, 1855

Supreme Court of North Carolina · decided 1855-12-05

Saunders, Judge. The appellant, Nancy Midgett, is a white woman, but her two children are mulattoes begotten by a negro father. The County Court made an order that these children should be bound to the defendant, who, it appeared, was a proper person in every respect to take such charge of them.

Decided 1855-12-05

Pearson, J.

¶1 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.

¶2 Judgment affirmed.

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