Year: 1868

both Houses of the Legislature on the 10th,
and is now law


AN ACT TO PRESERVE THE PUBLIC PEACE.


SECTION /. BE It enacted by the General
Assembly Of The State Of Tennessee, That
If any person or persons shall unite with,
associate with, promote or encourage any
secret organization of persons, that shall
prowl through the country or towns of this
State, by day or by night, Disguised or
otherwise, for the purpose Of disturbing the
peace, or alarming the peaceable citizens of
any portion of this State, on conviction, bv
any tribunal Of the State, shall be fined not
less than five hundred dollars imprisoned in
the Penitentiary not less than five years,
and shall be rendered infamous


SEC Be 1t further enacted, That it
shall be the duty of all courts In this State,
before the empanneling Of anv grand or
petit jury in any case whatever, to inquire
/ Of the juror, on oath, whether he shall be
associated in any way obnoxious to the first
section of this act and If such juror shall
decline to give a voluntary answer, or shall
answer afirmatively, such person shall DO
disqualified as a juror In any case in any
court in this State.


SEC. 3. Be 1t further enacted, That, for
the purpose of facilitating the execution OF
the provisions of this act, it shall be the
duty of the prosecuting attorney of this
State, grand jurors or either of them, to
summon, or cause to be summoned anv per
son he shall have a well-grounded belief.
has any knowledge of such organization as
described IN the first section OF this act, and
if any person shall fail or refuse to obey
such summons, or shall appear and refuse
to testify, such person so summoned shall
suffer the penalty imposed by the first sec
tiOn Of this act and if such witness shall
avoid the service Of said subpoena or sum
mons, the sheriff or other oAicer shall return
such fact on said process, when the court
shall order a copy Of said process to be left
at the last place of residence of such person
sought to be summoned; and If such person
shall fail to appear according to the com
mand of said process, said court shall enter
a Judgment Hjsj against such person for the
sum Of FIVE hundred dollars, upon which
SCI ia. shall issue, as in other cases Of
forfeiture of subpoena


SEC. f. BE 1t further enacted. That no
prosecutor shall be required on any indict-
ment under the provisions of this act; and
all the courts sf this State shall give rene
dial construction to the same; and that no
presentment or Indictment shall be quashed,
or declared insufficient for want of form


SEC. 5. Be at further enacted, That It
shall be the duty of all the courts of this
State, at every term, for two years from and





all the officers thereof, who shall be sworn
and have this act read or explained to them;
and the court shall ask said officers if they
shall have any knowledge of any person in
the tate or out of it who shall be guilty OF
any Of the the ofenses contained in this act
and that if at any time they shall come to
such knowledge, or shalt have a we'll
grounded belief that any person or rersous
shall be guilty of a violation of this act or
rc
inform the prosecuting attorney of the State
thereof; and if such prosecuting attorney,
Hp0n beng so informed, shall fail, refuse or
neglect to prosecute such person or persons
so informed on ne shall be subject to the
same penalties imposed by the first section
of this act, and shall be stricken from the
! roll OF attorneys in said court


SEC. 6. BE It further enacted, That if any
! officer or other person shall inform any
other person that he or she is to be sum
moned as a witness under any Of the pro-
/ visions OF this act, or any other statute or law
/ of this State, with the intent and for the
] purpose OF defeating any OF the provisions
/ of this act or any criminal law of this State,
/ or if any officer, clerk, sheriff or constable,
shall refuse or fail to perform any of the
duties imposed by this act upon conviction
shall suffer the penalties imposed by the first
section of this act and shall be disqualified
from holding Office IN this State for two
years.


SEC. I. Be 1t further enacted, That if
any person shall voluntarily inform on any
/ person guilty of any of the provisions OF
F. this act, upon conviction such informant
shall be entitled to and receive one-haH Of
the fine imposed; and if an officer, three
fourths Of said fine


SEC g. Beit further enacted, That if any
person guilty of any OF the provisions or
! ofIenses enumerated IN this act that shall
appear before any jury or prosecuting Off


Ger for the State, and shall inform him or
them Of anv ohense committed by any per-
son or persons against the criminal laws Of


this State, such person or witness shall not
be bound to answer any charge for the viola


ton of any provision of any law about


which such person or witness shall be ex-


amined, and the court will protect such wit


ness from any prosecution whatever.


SEC g. BE ii further enacted, That whore


any process shall be issued against the per


son Of any citizens, in any county of this


State, for any violations OF the provisions Of


this act and such shall be returned, not


executed for any cause whatever, by the


sheriff or other officer, 10 the court from


which it issued, with an affidavit appended


thereto plainly setting forth the reasons for


the nOn--xecution of such process, then it


shall be the duty Of the clerk without delay


10 issue an NtyUS cuItH5 10 Lhe same county
if the home of the defendant shall be In said


county, either in part or in whole, when


said sheriff or other officer shall give notice


to the inhabitants of said county by posting


such notice at the court house OF said


county Of the ezistense Of the issuance of


said capias; if the inhabitants of such


county shall permit such defendant to be, or


live in said county, in part or in whole, tine


Inhabitants shall be subject to an assess


ment of not less than five hundred nor more


than five thousand dollars at the discretion


of the court which said assessment shall be


made IN the following manner, to wit:


When the sheriff or other officer shall return


bis alias caPi0s, showing that said defend


ant is an inhabitant Of said county, in part


or In whole, and that the citizens thereof


have failed or refused to arrest said defend


ant, which every citizen Is hereby author


lied to do and perform, said court shall
, order a SCI ia. 70 issue to tbe pr0Ier officer
to make known to the chairman, judge OF


other presiding officer Of the County Court