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such house of correction the common jail of the county may be used for that purpose.
Sec. 3. Be it further enacted, That when a vagrant is found any justice of the peace must, upon complaint made upon oath or upon his own knowledge, issue bis warrant to the sheriff
, or to 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 a fine of fifty dollars and costs against such vagrant, and in default of payment he must commit such vagrant to the house of correction, or, if no such house, to the common jail of the county, for a term not exceeding six months, or until such costs, fine, and charges are paid, or such party is otherwise discharged by law : Provided, That when committed to jail under this section, the commissioner's court may cause him to be hired out in like manner as in section one of this act.
Sec. 4. Be it further enacted, 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, to the house of correction, or hire such person to any person who will hire the same for a 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 treasury for the benefit of the helpless in the poor house.
Sec. 5. Be it further enacted, That all fines received by any justice of the peace under the provisions of this act shall be paid into the county treasury for the purposes as set forth in section one of this act.
Sec. 6. Be it further enacted, That it shall be the duty of the justice of the peace to settle with the county treasurer at least once a 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. 7. Be it further enacted, That the court of county commissioners of each county shall have full and complete control of the public works and public highways therein, and shall make all contracts in 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 trying any cause under this act, on conviction, shall have power to sentence such vagrant to work on said public works, and highways, under the supervision of such superintendent, for not more than forty days.
Approved December 15, 1865.
AN ACT to prevent persons from interfering to induce laborers or servants to abandon their
contracts, or to employ such without the consent of their original employer, before the expiration of the contract, &c.
Section 1. Be it enacted by the senate and house of representatives of the State of Alabama in general assembly convened, That it shall not be lawful for any person to interfere with, hire, employ, or entice away, or induce to leave the service of another, any laborer or servant, who shall have stipulated or contracted in writing to serve for any given number of days, weeks or months, or for one year, so long as the said contract shall be in force and binding on the parties thereto, without the consent of the parties employing, or to whom said service is due and owing, in writing, or in the presence of some veritable white person; and any person who shall knowingly interfere with, hire, employ, or entice away, or induce to leave the service aforesaid, without justifiable excuse therefor, before the expiration of said term of service, so contracted and stipulated, as aforesaid, shall be guilty of a misdemeanor, and on conviction thereof must be fined in such sum not less than fifty nor more than five hundred dollars, as the jury trying the same may assess, and in no case less than double the amount of the injury sustained by the party whom such laborer or servant was induced to leave; one half to go to the party injured, and the other to the county as fines and forfeitures.
Sec. 2. Be it further enacted, That the party injured shall be a competent witness in all prosecutions under this act, notwithstanding his interest in the fine to be assessed.
Sec. 3. Be it further enacted, That when any laborer or servant, having contracted as provided in the first section of this act, shall afterwards be found, before the termination of said contract, in the service or employment of another, that fact shall be prima facie evidence that such person is guilty of a violation of this act, if he fail and refuse to forth with discharge the said laborer or servant, after being notified and informed of such former contract and employment.
Approved February 16, 1866.
AN ACT to define the relative duties of master and apprentice. Section 1. Be it enacted by the senate and house of representatives of the State of Alabama in general assembly convened, That it shall be the duty of the sheriffs, justices of the peace, and other civil officers of the several counties in this State to report to the probate courts of their respective counties, at any time, all minors under the age of eighteen years, within their respective counties, beats or districts, who are orphans, without visible means of support, or whose parent or parents have not the means, or who refuse to provide for and support said minors, and thereupon it shall be the duty of said probate court to apprentice said minor to some suitable and competent person, on such terms as the court may direct, having a particular care to the interest of said minor : Provided, If said minor be a child of a freedman, the former owner of said minor shall have the preference, when proof shall be made that he or she shall be a suitable person for that purpose; and provided, that the judge of probate shall make a record of all the proceedings in such case, for which he shall be entitled to a compensation of one dollar, to be paid by the mastör or servant.
Sec. 2. Be it further enacted, That when proof shall be fully made before such court that the person or persons to whom said minor shall be apprenticed shall be a suitable person to have the charge and care of said minor, and fully to protect the interest of said minor, the said court shall require the said master or mistress to execute bond, with security, to the State of Alabama, conditioned that he or she shall furnish said minor with sufficient food and clothing, to treat said minor humanely, furnish medical attention in case of sickness, teach, or cause to be taught, him or her to read and write, if under fifteen years old, and will conform to any law that may be hereafter passed for the regulation of the duties and relation of the master and apprentice.
Sec. 3. Be it further enacted, That in the management and control of said apprentices, said master or mistress shall have power to inflict such moderate corporal chastisement as a father or guardian is allowed to inflict on bis or her child or ward at common law: Provided, That in no case shall cruel or inhuman punishment be inflicted.
Sec. 4. Be il further enacted, That if any apprentice shall leave the employment of his or her master or mistress without his or her consent, said master or mistress may pursue and capture said apprentice, and bring him or her before any justice of the peace of the county, whose duty it shall be to remand said apprentice to the service of his or her master or mistress ; and in the event of a refusal on the part of said apprentice so to return, theu said justice shall commit said apprentice to the jail of said county, on failure to give bond, until the next term of the probate court; and it shall be the duty of said court at the next term thereafter to investigate said case, and if the court shall be of opinion that said apprentice left the employment of his or her master or mistress without good cause, to order him or her to receive such punishment as may be provided by the vagrant laws which may then be in force in this State, until he or she shall agree to return to his or her master or mistress : Provided, That the court may grant continuances, as in other cases : And provided, That if the court shall believe that said apprentice had good cause to quit the employment of his or her master or mistress, the court shall discharge such apprentice from said indenture, and may also enter a judgment against the master or mistress for not more than one hundred dollars, for the use and benefit of said apprentice, to be collected on execution, as in other cases.
Sec. 5. Be it further enacted, That if any person entice away any apprentice from his or her master or mistress, or shall knowingly employ an apprentice, or furnish him or her food or clothing, without the written consent of his or her master or mistress, or shall give or sell said apprentice ardent spirits, without such consent, such person, so offending, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in a sum not exceeding five hundred dollars.
Sec. 6. Be it further enacted, That it shall be the duty of all civil officers, of their respective counties, to report any minors within their respective counties to said probate court. who are subject to be apprenticed under the provisions of this act, from time to time, as the facts shall come to their knowledge ; and it shall be the duty of said court, from time to time, as said minors shall be so reported or otherwise come to its knowledge, to apprentice said minors, in case of males until twenty-one years old, and in case of females until eighteen years old, as herein before provided.
Sec. 7. Be it further enacted, That in case any master or mistress of any apprentice may desire, he or she shall have the privilege to summon his or her apprentice to the probate court, and he or she, on good and satisfactory cause shown to said court, and on proof that said apprentice will not be injured thereby, shall be released from all liability as master or mistress of said apprentice, and his or her bond shall be cancelled, and it shall be the duty of the court forthwith to reapprentice said minor; and in the event that any master or mistress of any apprentice shall die before the close of the term of service of said apprentice, it shall be the duty of the court to give the preference in reapprenticing said minor to the widow or other member of said master's or mistress's family : Provided, That said widow or other member of said family be a suitable person for that purpose.
Sec. 8. Be it further enacted, 'That in case the master or mistress of any apprentice, bound to him or her under this act, shall be about to remove or shall have removed to any other State of the United States, by the laws of which such apprentice may be an inhabitant thereof, the probate court of the proper county may authorize the removal of such apprentice to such State upon the said master or mistress entering into bond with security, in a penalty to be fixed by the judge, conditioned that said master or mistress will, upon such removal, comply with the laws of such State in such cases : Provided, That said master or mistress shall be cited to attend the court at which such order is pro posed to be made, and said apprentice shall have the right to resist the same by next friend or otherwise.
Sec. I. Be it further enacted, That it shall be lawful for any parent having a minor child or children to apprentice the said minor child or children as provided for by this act.
Src. 10. Be it further enacted, That in all cases where the age of the minor
cannot be ascertained by record testimony the judge of probate shall fix the
Sec. 11. Be it further enacted, That this act shall take effect and be in force from and after its approval : Provided, That before any one shall be apprnticed under this law, if said minor shall have a father or mother living in said county, the probate judge shall notify said parent of the time of such apprenticing, who may, by proof, show his ability to support his or herchild, or that the proposed master is an improper person to act as master of said apprentice.
Approved February 23, 1866.
AN ACT prescribing additional penalties for the commission of offences against the State,
and for other purposes.
SEC. 6. Be it further enacted, That if any person or persons shall assault a white female, with intent to commit a rape, or be accessory thereto, he or they shall, upon conviction thereof, suffer death.
Sec. 12. Be it further enacted, That it shall not be lawful for any negro, mulattı, or other person of color to own, use, or keep in his possession, or under his control, any bowie-knife, dirk, sword, fire-arms, or ammunition of any kind, unless he first obtain a license to do so from the judge of probate of the county in which he may be a resident for the time being; and the said judge of probate is hereby authorized to issue such license upon the recommendation of two respectable citizens of the county, certifying to the peaceful and orderly character of the applicant; and any negro, mulatto, or other person of color so offending, shall be deemed to be guilty of a misdemeanor, and upon conviction shall forfeit to the use of the informer all such fire-arms and ammunition, and, in addition thereto, shall be sentenced to stand in the pillory for one hour, or be whipped, not exceeding thirty-nine stripes, or both, at the discretion of the jury.
ŠEC. 13. Be it further enacted, That it shall be the duty of the judge of probate to keep an accurate register of all licenses so issued as aforesaid, and at each regular meeting of the board of county commissioners to lay the same before them, for their supervision, who shall have power to revoke any licenses which, in their opinion, may have been granted to improper persons.
Sec. 14. Be it further enacted, That if any negro, mulatto, or other person of color shall intrude himself into any religious or other public assembly of white persons, or into any railroad car or other public vehicle set apart for the exclusive accommodation of white people, he shall be deemed to be guilty of a misdemeanor, and upon conviction shall be sentenced to stand in the pillory for one hour, or be whipped, not exceeding thirty-nine stripes, or both, at the discretion of the jury; nor shall it be lawful for any white person to intrude himself into any religious or other public assembly of colored persons, or into any railroad car or other public vehicle set apart for the exclusive accommodation of persons of color, under the same penalties.
Approved January 15, 1866.
AN ACT in addition to an act entitled "An act to amend the act entitled 'An act concern
ing marriage licenses,' approved January 23, 1832." Section 1. Be it enacted, That if any white female resident within this State shall hereafter attempt to intermarry, or shall live in a state of adultery or fornication, with any negro, mulatto, or other person of color, she shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, or be confined in the public jail not exceeding three months, or both, at the discretion of the jury, and shall, moreover, be disqualified to testify as a witness against any white person.
Sec. 2. Be it further enacted, That if any negro, mulatto, or other person of color shall hereafter live in a state of adultery or fornication with any white female resident of this State, he shall be deemed to be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, or be made to stand in the pillory for one hour and be whipped not exceeding thirty-nine stripes, or both, at the discretion of the jury.
Sec. 3. Be it further enacted, That every person who shall have one-eighth or more of negro blood, shall be deemed and held to be a person of color.
Sec. 4. Be it further enacted, That in existing cases, upon petition to the circuit judge, parties coming within the provisions of this act, and liable to be punished under the same, may, by order and judgment of said judge, be relieved from the penalties thereof, when, in his opinion, justice and equity shall so require.
Sec. 5. Be it further enacted, That in all cases where marriages have been heretofore contracted and solemnized between white persons and persons of color, and where the parties have continued to live as man and wife, the said marriages are hereby legalized, and neither of the parties shall be subject to the provisions of this or any other act.
Approved January 12, 1866.
AN ACT to establish and enforce the marriage relation between persons of color. Be it enacted by the senate and house of representatives of the State of Florida in general assembly convened, That it shall be required of all the colored inhabitants of this State claiming to be living together in the relation of husband and wife, and who have not been joined as such agreeably to the laws regulating the same, and who shall mutually desire to continue in that relation, within nine months from the passage of this act, to appear before some person legally authorized to perform the marriage ceremony, and be regularly joined in the holy bonds of matrimony. And if any such person, either male or female, after the expiration of the time limited in this act, shall be found cohabiting as husband and wife, and who have not been so joined together, they, and each of them, shall be deemed to be guilty of a misdemeanor, and upon conviction shall be subsected to the pains and penalties prescribed by the statute for the punishment of fornication and adultery.
Sec 2. Be it further enacted, That the issue of such prior cohabitation shall be legitimated by the act of marriage, so regularly contracted as aforesaid, and be thenceforth entitled to all the rights and privileges of a legitimate offspring.
Skc. 3. Be it further enacted, That for the purpose of perpetuating the evidence of such marriages as may take place under the provisions of this act, it shall be the duty of the clerk of the circuit court of the county in which the ceremony may have been performed, upon application of the parties and a tender of his legal fees, to enter the certificate of marriage, upon the register of marriage licenses in his office.
Sec. 4. Be it further enacted, That if any person shall practice a fraud upon any person of color, by illegally assuming to perform the marriage cere