Year: 1868

4


as it passed the House Thursday, and


which is now q law:


A bill to be entitled. IAN act to preserve The
public peace" rt u f
SECTION /. Be IL enacted by the Gen


eral Assembly Of the State Of Tennes


see, That if any person or persons shall


unite with, associate with, promote or en-


courage any secret organization of per-
sons that shall prowl through the coun-
try 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


portions of this State, on conviction by


any tribunal of the State, shall be fined
not less than five hundred dollars, i'm


prisoned in the penitsntiary not less than
| FIVE years, and shall be rendered in
famous.


SRc. 2. Be ii further enacted, That i


shall be the duty of all the courts in this
State, before the impanneling of any


grand jury. or petit jury, in any cause


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 voluntary answer, or shall answer
afiirmatively, such person shall be dis
qualified as juror in any case in any
court in this State.
SEC. 3. Be it further enacted, That


for the purpose of facilitating the execu-


ton Of the provisions Of this act, it shall


be the duty of the Prosecuting Attorneys


of this State, or Grand Jurors, or either
of them, to summon, or cause to be sum.
moned, any person 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


ehall fail or refuse to obey such summons,


or shall appear, and refuse to testify,


such persons 80 summoned shall suffer


the penalty imposed by the first section


of this act and if such witness shall


avoid the service of said subpoena or


summons the Sheriff or other officer shall


return such fact, on said process, when
the court shall order copy of said pro


cess to be left at the last place of resi-
dence of such person sought to be sum


moned; and II such person shall fail to
appear according to the command of said
process, said court shall enter judg.
ment nisi against such person, for the
sum Of FIVE hundred dollars, upon which
sci. ia. shall issue, as in other cases of
forfeiture of subrena.


SEC. A. Be it further enacted, That no
prosecutor shall be required on any in
dictment under the provisions of this act; ;
and all the courts of this State shall give
q remedial construction to the same and
that no presentment or indictment shall
be quashed, or declared insufficient for
want of form.


SEC. 8. Be 1t further enacted, That it
shall be the duty of all the courts of this
State, at every term, for two years from
and after the passage of this act, to call
before it all the officers thereof, who shall
be sworn, and have this act read or ex-
planned to them and the court shall ask
said officers if they shall have any knowl-
edge of any person of the State, or ont of
it, that shall be guilty of any of the often
ses contained in this act, and that, If at
any time they shall come to such knowl-
edge, or shall have well-groundedbe belief
that any person or persons shall be guilty
of violation of this act or any of its pro,
visions, that they will Immediately inform
the Prosecuting Attorney for the State
thereof; and if such Prosecuting Attor
ney, upon being so informed, shall fail,
refuse or neglect to prosecute such per-
son or persons, so informed on, he shall
be subject to the same penalties imposed
by the fret section of this act, and shall
be stricken from the roll of attorney in
said court.


SEC 6. Be 10 further enacted, That if
any officer, or other person, shall inform
any other person that he or she is to be
summoned as witness under any of the
provisions 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 7. Be 10 further enacted, That il
any person shall voluntarily inform on
any person guilty ofsny of the provisions
of this act, upon conviction, such inform
ant shall be entitled TO and receive one
half Of the fine imposed; and if an officer,
three-fourths of said 6ne. L14th


SKc. s. Be IL further enacted, That If
any person guilty of any of the provisions
or offenses enumerated in this act, that
shall appear before any jury or prose-
cutting officer for the State, and shall in.
form him or them OF any offense commit 1
ted by any person or persons against the
criminal laws OF this State, such person
or witness shall not be bound to answer
any charge for the violation of any pro-
vision of any law about which such per
son or witness shall be examined; and
the court shall protect such witness from
any prosecution whatever.


SIC. .. Be IL further enacted, That
where any process shall be issued against
the person Of any citizen, in any county
Of this State, FOR any violation Of the pro-
visions Of this act, and such shall be re-
turned, not executed, for any cause what !
ever, by the Sheriff or other officer, to The |
court from which il issued, with an aft.
davii appended thereto, plainly setting |
forth the reason for The non-execution Of
such process, then il shall be the duty OF
he Clerk, without delay. to issue an otids
rdpids 70 The same county; IL the home
Df The defendant shall be IN said county, |
sither in part or in whole, when said
sheriff OF other ofhcer shall give notice
10 The inhabitants Of said county, By
poslin 0pch se;icc :. she court house Of
aid county, OF The existence Of the lssu-