The Birmingham age-herald., 1903-10-03
GENERAL LAWS Enacted by the Legislature of Alabama

No. 20s1 AN ACT IS. 57. To amend an Act. entitled An Act to
 amend Section 5239 of the Code of Ala
 bama of 1896 approved March 1st. 1901.
 Section l. Be 1t enacted by the Legisla- ture of Alabama: That An Act entitled An Act to amend Section 5239 of the Code of Alabama of 1896. approved March 1st, 1901 be and the same is hereby amended so as to read as follows The defendant if committed may elect to perform hard labor for county duties of officers. If the defendant Is charged with a misdemeanor and is ordered to be committed to the county jail he may elect to perform hard labor for the county. pending his trial. il shall be the duty of the magistrate com hitting him, to inform him of his right to make such election, and of the adVan- tages accruing to him thereby. and II he so elects, 1t shall be the duty of the mag istrate to make an order allowing him to do so. and to certify that fact to the court at which he is required to appear II shall be the duty of the Sheriff to carry every person in his custody charged with q mlsdemeanor before the Judge of Pro- bate or if he is absent before the Clerk of the Circuit or City Court. Withh twelve hours after receiving such per son in his custody; and it shall be the duty of such Judge or Clerk to inform such prisoner of his right to make such election. and of the advantage accruing to him thereby: and if he shall elect to perform such hard labor. such Judge or Clerk shall make an order. allowing him to do so, and shall certify that fact to the court at which he is required To ap- pear and if he is convicted when tried, II shall be the duty of the court in deter mining his punishment to take in consid- eration the amount of labor performed by him: and if he is acquitted. the net amount so earned by him under his eiec- ton to perform hard labor for the county, shall be delivered to him by the county treasurer who shall take his receipt therefor which shall be his voucher The earnings of such defendant under this section. shall be paid to the county treasurer and by him held until the final disposition of the prosecution: and if the defendant Is convicted, shall be applied by him as the hire of conVicts is applied. IL shall be the duty of such Justice of the Peace and Notary Public to render to the grand jury of the county on the hrst day of each term of the Circuit Of City Court a statement in writing and under oath of the name of each defendant charged with a misdemeanor committed by him. the date of such commitment and whether or not he gave such defend- ant the information required by this sec ton. It shall be the duty of the Sheriff to render to the grand jury of his county on the first day of each term of the Cir cult or City Court, a statement, in writing and under oath, setting forth the name of every person charged with misdemean- or coming into his custody since his last preceding statement, when he received such defendant and when he carried him before the Judge of Probate or Clerk of the Circuit or City Courbas provided by this section It shall be the duty of the Judge of Probate and Clerk of the Circuit or City Court to render to the grand jury on the first day of each term of the Cir cult or City Court a statement, in writing and under oath of the name of each de- fendant brought before them by the sher- If under this section. of the date when he was so brought before them, and whether or not they gave him the infor- nation required by this section.
 Approved Sept IS, 1903.
 Official