Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-29
From tho Raleigh Sentinel.
AN ACT
Giving 4" the County and Superior Courts
Authority to Sentence Criminals to XvorI.
on the Public Roads.

Giving 4" the County and Superior Courts
Authority to Sentence Criminals IN x,orI-
on the Public Roads.
SECTION ]. Be IL enacted 6y the G,,,o-oy
Assembly Of North Carolina, and ii is h. reb,I
enacted By the authority Of the same. That
the Justices of the County Courts and
Judges OF the Superior Courts shall have
power and authority, in all criminal
cases within their Jurisdiction, uron con
viCtiOn of the defendant IN all cases where
the punishment already affixed by law 20
tho offence does not extend to loss of life.
to sentence the defendant to wOrl, ia chair
gangs upon the public roads of the county
IN which the offence was committed, or
upon any Railroad or other work of inter
| nal improvement in the State for such
length Of time as the Court, in the exercise
of its discreCior, may zee fit, not exceeding
one year.
SEC. e. Be Il further enacted, That for the
management and safe keeping of said Grim
inals, the County Courts, majority of the
acting justices being present. may elect one
or more suitable persons. who shall be paid
for their services by the day, or by the
month or by the year, such compensation
as said justices may deem just and reasoua-
BILE, and that the said Courts shall have full
power and authority 10 levy taxes on all
subjects that arc now taxed for county pur-
poses to meet the payment OF the same.
SEC. 3. BE ii Further enacted, That in all
eases where any criminal shall be sentenced
upon any of the public roads, commonly
called dirt roads," leading through any
section Of the county. it shall be the duty
of the court, at the expense of the county
} to provide said criminals with good and
wholesome food, and all necessary tools fol
! the purpose of working said roads
! SEC. /. BE IL further enacted, That tn,
several County Courts shall have full power
and authority to make all necessary ar
engagements for the protection, safe keeping
and comfort Of all criminals thus employed
and IN all cases where it may be necessary
to do so, there being no houses within
reach OF the point where said work is being
done, that can be procured for lodging said
criminals at night, or to protect them from
the weather when it is too inclement to
work, that suitable tent-poles and clothes
may be provided for the Same, with such
camp tools rs may he necessary.
SEC. ). Be HftTtbcj' enacted. That in all
cases where the court may be of opinion
that it is not necessary TO cortiue said Grim
inals in chain-gangs, by fastening them
with ball ana chain, the court may sentence
them to work said roads without being Tins
confined.
SEC. 6. Be IL further enacted, That in ell
cases where it may be convenient to SEN
| teuce said criminals to work upon any rail
road or other work OF internal improve
ment, in progress in the State, the court
may, at its discretion, sentence any crimi
nal to work upon any such works of inter
ma Improvements, and in addition to the
! time for which said criminals may be sen
| fenced as a punishment for the oflense, SAID
criminals may be required to work out the
! fine and costs incurred by the county, to
! gether with any prison foes that may have
| been incurred for their confinement pre-.
! viOus to their trial and conviction, said
| costs to be accounted for and settled with
! the said county, or such person as the court
may appoint to receive the same, upon such
terms IS may be agreed upon with tho di-
rectOrs or managers OF said work of Internal
improvement.
| SEC. 7. BGd FURTHER enacted, That If any
prisoner shall make his escape and fail to
discharge tho work in consequence of his
absconding or leaving the service Of the
county, before tho expiration of the tine
for which he was sentenced to work he
shall be bound to service double the def
cient time, and may be re-captured by the
sheriff at any time thereafter, and in all
cases where said criminal shall abscond to
any other Or adjoining county, the clelk Of
the county court may, and he is hereby an
thorized to issue to the sheriff of any cOun
ty in the State copioS for his arrest.
SEC. 8. BE ii further enacted, That in all
cases where any criminal may be sentenced
to labor on any work OF internal improve
ments, the directors or managers thereof,
in consideration of his service, shall furnish
guard or overseer for his safe keeping aud
control; and in addition thereto shall fur
nish them with lodging and board.
| SEC. Q. Be it further enacted, That this act
shall be in force and take effect from an0
after its ratification. Ratified March 2d,
1867.
AN ACT