The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-08-31


That every reader may see for himself
the hideousness of the measure, we will
append copy of the bill as it passed the
Senate
THE BILL.
Section l. BE 1t enacted by the Leglsla-
tnre of the State of Mississippi. That when
it shall appear to the satisfaction of the
Governor OF this State, that a felony has
been committed in any county of this State,
and that owing to prejudice or other cause,
| an impartial petit or grand jury cannot be
| empaneed in such county, il shall be lawful
for the Governor to issue precept directing
| the prosecution, Indictment or trial of the
person or persons charged with commit
| ting or being accessory TO such felony, in
some other county in this State, designated
| on such precept, which said precept shall be
directed TO the District Attorney of the
| District including the county so designated
the facts or information upon which said
precept shall be issued, shall be taken and
! and held as true, and shall not be subject to
| dispute or denial. but the duties and proceed
| ings of all Justices of the Peace, Circuit
| Courts and Grand Juries, Sheriffs, Consta-
! bles, Jurors and other civil authorities of
| the county SO designated, and the proSecu-
/ ton, indictment and trial, shall be in all
respects the same as if the Offense were
! charged to have been committed in the such
designated county.
| SEC. ?. Be it further enacted, That when
any indictment shall be found under the
! provisions of this Act in any county other
! than that in which the offense is alleged to
have been committed, it shall be the duty of
| the Circuit Court, including the Clerk and
Sheriffs, and the deputies of each, and all
bailiffs, TO keep the same strictly secret, I'M
til the offender or offenders mentioned in
such indictment, either as principal or ac-
| cessory, shall have been arrested as herein
after provided; and if any such officer shall
violate the provisions of this Section, he
shall be liable to Indictment therefor and on
conviction thereof shall be fined not less
than five hundred dollars, $500, imprisoned
in the county jail no less than six months,
and shall be removed from office.
SEC. 3. Be it further enacted, That imme-
diately upon the return of any Indictment
under this Act, by any Grand Jury of any
county so designated by the precept of the
Governor, it shall be the duty of the Judge
to order the Clerk to issue the proper bench
warrant for each defendant, to the county
in which the otfense is charged to have been
committed, or in which the defendant is
likely to be found, for the arrest of such de-
PENDANT or defendants, returnabe at such
term as the CoHrt shall direct, which said
warrant shall be directed to the Sheriff of
the proper county in each case, and shall be
executed and returned by such Sheriff and
the Sheriff receiving such warrant shall de-
liver the defendant or defendants to the
ment shall have been found; and all costs
and necessary expenses for guards, trans
portatiOn and safe keeping of each prisoner.
shall be bald out of the Treasury of the
county in which such offense shall be charg-
ed to have been committed, and if the de-
PENDANT or defendants, shall be convicted all
such expenses shall be charged against him,
as other costs.
SEC. 4. Be it further enacted, That when
ever any indictment for felony shall be pend
in or
cution for felony shall have been COM
menced before any Justice of the Peace, or
otherwise in this State it shall appear to
the satisfaction of the Governor, that owing
to prejudice or other cause, a fair and i'm
partial trial cannot be had in such County
it shall be lawful for the Governor to isSue
his precept, directed to the prosecutor or TO |
the proper District Attorney, as provided in |
the first Section in this Act. and thereupon |
the Clerk of the Court wherein such indict- |
ment shall be pending, or the Justice before |
whom such prosecution shall have bee COM !
menced, shall i'm mediately certify a correct !
transcript of the entire record to such cause |
to the Circuit Court. or some Justice of the |
Peace of the County designated in such pre- |
cept; and the Sheriff or other officer shall /
deliver the defendants, to the Sheriff or 9TH
er proper officer of such designated County:
ana such preeeIt shall be construed in like /
manner, and have like effect as provided in |
the first Section of this Act; and the records /
and proceedings of any Justice of the Peace.
when presented TO any other Justice of the
Peace. under this Act shall be subject 10
amendment, and all other proceedings before /
him. in the same manner and with the same
effect as if originally commenced before
him, in the same manner and with the same
effect as if originally commenced before him.
and all the costs and expenses of transfer
ring the proceedings. and delivering the
defendant or defendants as provided for in
this Section shall be paid in like manner as
provided for in the third Section of this
Act.
SEC. Be it further enacted, That when
ever the ends of public justice require il, it
shall be the dnty of the Gov ernOr to offer
reward, not exceeding the sum OF five hum
ired dollars $500. Cor the apprehension of
any person indicted or charged with the
preparation OF and felony; which said re- I
ward shall be paid out of the Treasury of
he county in which such felony is charged
% have been committed, unless otherwise
directed by the Governor; and the Board
# Supervisors shall order a warrant on the
Treasury of the county for the payment of Z
]ounty Treasury, on due proof of the servi-
es rendered. +
SEC. 6. And be it further enacted, That :
his Act shall take effect and be in force from I
md after its passage. \
To this bill Senator Gibbs offered an
mendment, as follows:
Be 1t further enacted, That in order to n
naDAs tneGovernor to carry out the pro- 4
isions OF this Act. the sum of $4,000 or b
0 mucn OF the same as may be necessary. is /.
hereby appropriated out of the monies of :
he treasury, not otherwise Appropriated: /
nd the Auditor of Public Accounts is here !;
y authorized to issue his warrants on the
on the reQuisition OF the Govern Ii
r and said appropriation shall be ACCOUNT
. for Is other expenditures are required TO
e accounted for.
VOTE on TIE AMENDMENT. a
Yeas-Messrs. Abbott, Ballard, DoWd, II
artnlan, Gibbs, Gleed, johnson, Miles, N
lillsaps, Packer. Paine, Pierce, Smith, :
ringer, Warner end Willisms-16.