The Montgomery advertiser., 1903-10-23
GENERAL LAWS
H. l62.
AN ACT

-. u,~ AN AFT QH. i62. Tp prevent the discharge of convicts m
 counties of more than 10000 popaia-
 ton. except where the convict was
 convicted in such county. Bt u eh-
 ac<ed by the Legislature of Alaoame' j 9sctfon 1. That after this act goes lnto sfEsct no convict shall be discharged m any county in this State having more chan 100000 population. except m cases whore the convict to be discnargeo ~as convicted in such county or more .han 1oo,ooo population; provided, tna. a" s.y. S v1cfs. State and county. who may nave heretofore been hired or leased to any contractor to be worked or Kept In any county having more than 1oo,V0 popuia- ton and all convicts, State ana county who may hereafter be sent into any coun- ty. having more than 100000 population to be there worked or kept by any con tractor pursuant to any contract hereto fore made, may be discharged in the county where they are workeo or Aep' irrespective of its population.
 Sec. 2. That in all cases where state convicts are confined in the penitenuary or fn any department of the penitentiary sn counties having more than lOo.ooO popu- lafson and are there worked, employed kept or imprisoned directly by the state and are so worked, employed, kept or im- ur1soned without the intervention Of any contractor, it Is made the duty of the Board of Convict Inspectors to cause all guch convicts at any time within nrteen days prior to the time they would be en- titled to their discharges. as now pro v3ded by law, to be transported under e1,ard to the counties in which such con- vlcfs were convicted, and to be there in- uediateiy upon arrival thereat discharged, provided that in cases where the county eeats of such counties are on railroad the convict shall be discharged at the county seat of the county where he was convicted. The cost of transporting State convtcts. under guard. to the coun- fies where they were convicted, as pro- vided for in this section of this act shall be paid out of the convict fund in the auditing and approval that Is now re- Quired by law in the case of the payment Of other sums out of such fund. It shall be the duty of the said Board of Con- vict Inspectors to cause as many com wicts, who are to be discharged in tho counties where they were convicted. un- der this section of the act as may reason ably bs 20 transported under the same guard or guards. and at the least cost the circumstances win permit of
 Sec. g. That after this act goes into
 
 shah make any contract for the lease or hire of any convist, nor shall any convict be leased or hired either the State or any county. to be, or who shah be. worked, employed, imprisoned or kept in any county having more than 100000 population. except in eases where fho person. firm or corporation, to whom ar which such convicts are leased or hired shall agree to transport such con- z-Gr uzrfkf nrfnF the timR such convicts would be entitled to their discharges ss now provided by law. to the counties where such convfcts were convicted and to the county seats of such counties where the county seat is on a railroad: and all convicts who shall be leased or hired by either the State or any county, after the passage of this act, to be worked, employed. kept or im- prisoned in any county in the State hav- ing more than 100000 population or who shall be 50 worked. employed, kept or imprisoned, shall be. within 15 days prior to the time they would be entitled to their discharges, as now provided by law transported by the person, firm or cor poration hiring or leasing them. Chat is by the bailee or lessee of such convicts) under guard, to the counties where such convicts were convicted, and be there. immediately on arrival in such counties discharged. and if the county seat of the county where such convict was convicted is on a railroad. then such convict shall be discharged at such county seat; and provided that all convicts who now are or may hereafter be worked. employed, kept or imprisoned in the same county where they were convicted may be dis charged in such county irrespective of its population.
 Sec. {. That any convict required under the provisions of this act to be oischarg- ed in the county wherein he was convicted may be transported to such county at any time within 15 days prior to the time he may be entitled to his discharge as now provided by law: that such convict may be discharged immediately upon reaching such county, unless the county seat of such county is on a railroad, in which case such convict shall be dis charged at such county seat: that after such discharge such convict's sen- tence shall be at an end.
 Sec. 5. That any person. firm or cor after leased or hired who shall discharge any convict required under the provis- Ions Of this act to be discharged in the county where he was convicted who shall discharge such convict elsewhere than as required by thIs act, shall be guilty of Q misdemeanor and may be fined there for not exceeding $100: and may be prose- Cul0O LucreIOr DeIOTe any court In the State having Jurisdiction of misdemean- ors, and shall also forfeit $1OO to any person suing therefor; of such suits the circuit courts of this State shall have Jurisdiction.
 Sec. 6. That any warden, of the peni- tentiary. superintendent or guard of con- vicfs, shertf or other officer or employee of the State or any county who shall discharge any convict required under the provisions of this act to be discharged tn tho county where in he was convicted. who shall such convict elsewhere than as required by this act shall be guilty of a misdemeanor and upon conviction there Tor may be fined not more than $100.
 Sec. 2. That all laws and parts of lawHs general and local. in conflict here with be and the same are hereby repeaIed
 Approved Oct. 10. 19O3
 Omctal. J. THOS. HEFLIN.
 Secretary of State. E" eSO AN ACT. CH. SSG no amend an act entitled an act to amend