Year: 1865

Alabama and the Freedmen.


AN ACT CONCERNING vAGRASFs AND VA


NRGRANCY.


That the Commissioners Court of an


county in this State may purchase, rent o


provide such lands, buildings and o,he


property as may be necessary for a Poor


house, or House of Correction, for any sucl


county, and may appoint suitable officers 70


the management thereof and make all nee


essary bylaws and regulations for the GOV
| ernment Of the inmates thereof and saus


the same to be enforced but in no case shal


the punishment inflicted exceed hard labo


either in or out of said house; the use O
chain gangs, putting in stocks if necessary L


prevent escapes, such reasonable correction
rs person may infict upon Stubborn, re
| tractOry child, and solitary confinement fol
not longer than one week on bread ant
water, and NAV cause 20 be hired out such
as are vagrants to work i'm chain gangs OF
! otherwise, for the length of time for which
they are sentenced, and the proceeds as such
| hiring must be paid into the cornty Treas
ury for the benefit of the helpless in said
| Poor house or house of Correction.


SEC. ,. That the following persons are
vagrants in addition to those already de-
clared to be yagrants by law, or that NAV
hereafter be so declared by law; a stubborn
or refractory servant, a labOrer or servant
who lOiters away his time or refuses tO COM
| ply with a contract for a term of service
| without just cause; and any su.h person
may be sent to the House of Correction in
the county in which such ofense is commit
ted and for want of such House of Correc-
tion the common Jail of the county may be
used for that purpose.


SEC. 3. That when 4 vagrant is found any
Justice of the Peace of the county must
upon complaint made upon oath or his per-
sonal knowledge, issue his warrant to the
Sheriff or any Constable of the county to
bring such person before him, and if upon
examination and hearing of testimony it
appears to the Justice that such person is a
vagrant, he shall assess 4 fine of fifty dol
lars and costs against such vagrant, and in
default of payment he may commit such
vagrant to the house of correction, or if no
such house, to the common Jail of the coun-
ty for Il term not exceeding six months, and
until such cost and charges are paid or such
party is otherwise discharged by law; pro-
rided, that when committed to Jail under
this section the Commissioner Court may
cause him to be hired out in like manner az
in Section | of this act.


SEC. 4. That when any person shall be
convicted of vagrancy as provided for in
this act, the Justice of the Peace before
whom such conviction is had, may at his
discretion either commit such person to
Jail, or to the house of correction, or hire
such person to any person who will hire the
same for period not longer than six months.
for cash, giving three days notice of the
time and place of hiring; and the proceeds
of such hiring after paying all costs and
charges shall be paid into the county treas
ury for the helpless in the poor house.


SEC. s. That all fines received by any
Justice of the Peace shall be paid into the
county Treasury for the purposes as stipuia-
ted in the first section of this act.


SEC. 6. That it shall be the duty of the
Justice of the Peace to settle''with the county
Treasurer at least once month for all fines
received by him under this act, and for a
wilful default so to do he shall be guilty Of
a misdemeanOr and upon conviction in any
court having jurisdiction shall be fined in
double the amount so received, or collected
by him, and all costs Of suit.


SEC :. That the Court of County Com
missioners of each county shall have full
and complete control of the public works
and public highways therein, and shall
make all contracts lin relation thereto; and
shall have power to appoint a superintendent
OF said public works and highways under
such rules and regulations as said court shall
determine, and any Justice of the Peace try
ing anv cause under the this act, on cOnvic-
ton shall have power to sentence such va
grant to work on said public works and
highways under the supervision of such SUI
perntendent for not more than forty DAYS.
An Act to protect freedmen in their rights


of person and property in this State.


BE Il enacted, &C. That all freedmen, freed
negroes, and mulattocs, shall have the right
to sue and be sued, plead and be implicated,
in all the different and various courts of this
State, to the same extent that white persons
now have by law and they shall be compe-
tent to testify only in open court, and only
in cases in which freedmen. free negroes
and mulattoes are parties either plaintiff or
defendant, and in civil OF criminal cases for
injuries in the persons and property of freed
men, free negroes and mulattocs and in all
cases, civil or criminal, in which under this
act a freedman, free negro or mulatto, is a
witness against a white person, or white
person against freedman, free negro or mu
latto, the parties shall be competent wit
nesses, and neither interest in the question
or suit nor marriage, shall disqualify any
witness from testifying in open court.