The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-01-04
VOLUME NUMBER 29..
discretion Of the Court, according to tho
nature of the offence of which the accused

uioSi i0oioi VI IAO NoulG, dCcOiuiHS W Iho
nature of the offence of which the accused
has been found guilty.
Sec. XIV. When several persons are
convicted of one capital offence, the Jury
which tries them may recommend one or
more to mercy, for reasons which in their
opinion mitigate the guilt; the District
Judge shall report the case with his opin-
ion, and the Governor shall do in the
matter IS seems to meet him. The same
may be done when one only is convicted
of capital offence; before sentence Of
death shallsbe executed in any case, time
for application to the Governor shall be
allowed
Sec. XIV. Hard labor shall be work
on the roads, streets, or public works, un-
der the supervision of a superintendent of
convicts, if there be such an officer who
can be conveniently employed, Or under
the supervision of the Sheriff; a Consta-
BILE, Jailor, or other person that may be
appointed by the District Judge, or by
the Sheriff, or it shall be work on any
building, or other undertaking, or in any
business of a private individual, who will
pay reasonable wages, and can be safely
entrusted with the supervision; the Judge
OF the Sheriff, under the directions of
the District Judge, making choice of the
place and manner of employment from
time to time. In any case ,thework may,
according to the directions of the Judge,
be without unusual pain or restraint, or
it may be done in a chain gang, or with
ball and chain, OF under other pain or
burden; and it may be without, or may
be attended with confinement. A Magis. :
istrate shall as to the cases before him,
have the power which is here given to the
District Judge. -
SEC. XVI, Corporal punishment is
intended to include only such modes of
punishment not affecting life or limb, as
are used in the army and navy. Of the
United States, adapted in kind and de-
gree to the nature of the offence. The
sentence in each case and directions of
the Judge or Magistrate, shall define it.
Whipping, when it is provided for by the
law, shall be inflicted as heretofore.
SEC. XVII. Whenever, under any
law, sentence imposing fine is passed, if
the fine and costs be not Immediately
paid, there shall be detention of the con-
vict, and substitution Of other punish
ment. If the offence should not involve
the crinen falsi, and be Infamous, the SUBJ
stitution shall be, in the case of a white
person, Imprisonment for q timo propor-
toned to the fine, at the rate Of one day
for each dollar, and in the case of o per-
son of color, enforced labor without unnc-
cessary pain or restraint, for a time pro
portioned to the fine, at the rate of one
day for each dollar. But if the offence
should be infamous, there shall be substi-
tuted for fine, for imprisonment, or for
both, hard labor, corporal punishment, sol
itary confinement in tread-mil or stocks,
Que or more, at the discretion Of tho
Judge of the Superior Court, the District
Judge or the Magistrate, who pronounccs
the sentence. In this act, and in respect
to all crimes and misdcmeanors, the
term servant shall be understood to en-
brace an apprentice rs we'll as servant
under contract
SUPERINTENDENT OF coNvlcTs.
| SEC. XXYIII The District Judge, when
he may think it necessary, shall have
power to appoint a Superintendent of
Convicts, whose duty it shall be to super
intend as many as he can of convicts SEN
fenced to hard labor, to inficta corporal
punishments directed upon all conyicts
within his reach, and to execute the Or
ders of the Judge, Sheriff or Magistrate,
in relation to these matters The Super
intendent shall, at his pleasure, have ac-
cess to apartments in the jail for necessa-
ry confinement OF convicts, and may, by
all necessary means, enforce his authority
over the convicts under his supervision,
punish their disobedience, and overcome
resistance, Or attempted rescue offered
by them, or any other person. When he
shall deem it necessary, he may call upon
the posse camitatus, with the same effect
| and under like penalties to those who dis
obey it, as the Sheriff might do The
Superintendent shall receive a suitable
compensation, to be fixed by the District
Judge, and paid from the District Court
Fnnd All WAGES received from the la