entitled to deduct and retain the amount so paid from the wages of such freedman, free negro or mulatto, then due or to become due; and in case said freedman, free negro, or mulatto cannot be hired out, he or she may be dealt with as a pauper.

SEC. 6. Be it further enacted, That the same duties and liabilities existing among white persons of this State shall attach to freedmen, free negroes and mulattoes, to support their indigent families and all colored paupers; and that in order to secure a support for such indigent freedmen, free negroes, and mulattoes, it shall be lawful, and it is hereby made the duty of the boards of county police of each county in this State, to levy a poll or capitation tax on each and every freedman, free negro, or mulatto, between the ages of eighteen and sixty years, not to exceed the sum of one dollar annually to each person so taxed, which tax, when collected, shall be paid into the county treasurer's hands, and constitute a fund to be called the Freedmen's Pauper Fund, which shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free negroes, and mulattoes of this State, under such regulations as may be established by the boards of county police in the respective counties of this State.

SEC. 7. Be it further enacted, That if any freedman, free negro, or mulatto shall fail or refuse to pay any tax levied according to the provisions of the sixth section of this act, it shall be prima facie evidence of vagrancy, and it shall be the duty of the sheriff to arrest such freedman, free negro, or mulatto, or such person refusing or neglecting to pay such tax, and proceed at once to hire for the shortest time such delinquent tax-payer to any one who will pay the said tax, with accruing costs, giving preference to the employer, if there be one.

SEC. 8. Be it further enacted, That any person feeling himself or herself aggrieved by the judgment of any justice of the peace, mayor, or alderman in cases arising under this act, may within five days appeal to the next term of the county court of the proper county, upon giving bond and security in a sum not less than twenty-five nor more than one hundred and fifty dollars, conditioned to appear and prosecute said appeal, and abide by the judgment of the county court; and said appeal shall be tried de novo in the county court, and the decision of said court shall be final.

SEC. 9. Be it further enacted, That this act be in force and take effect from its passage.

Approved November 24, 1865.

AN ACT to confer civil rights on freedmen, and for other purposes.

SECTION 1. Be it enacted by the legislature of the State of Mississippi, That all freedmen, free negroes, and mulattoes may sue and be sued, implead and be impleaded, in all the courts of law and equity of this State, and may acquire personal property, and choses in action, by descent or purchase, and may dispose of the same in the same manner and to the same extent that white persons may: Provided, That the provisions of this section shall not be so construed as to allow any freedman, free negro, or mulatto to rent or lease any lands or tenements except in incorporated towns or cities, in which places the corporate authorities shall control the same.

SEC. 2. Be it further enacted, That all freedmen, free negroes, and mulattoes may intermarry with each other, in the same manner and under the same regulations that are provided by law for white persons: Provided, That the clerk of probate shall keep separate records of the same.

SEC. 3 Be it further enacted, That all freedmen, free negroes, and mulattoes who do now and have heretofore lived and cohabited together as husband and wife shall be taken and held in law as legally married, and the issue shall be Ex. Doc. 6-13

taken and held as legitimate for all purposes; that it shall not be lawful for any freedman, free negro, or mulatto to intermarry with any white person; nor for any white person to intermarry with any freedman, free negro, or mulatto; and any person who shall so intermarry shall be deemed guilty of felony, and on conviction thereof shall be confined in the State penitentiary for life; and those shall be deemed freedmen, free negroes, and mulattoes who are of pure negr blood, and those descended from a negro to the third generation, inclusive. though one ancestor in each generation may have been a white person.

SEC. 4. Be it further enacted, That in addition to cases in which freedmen, free negroes, and mulattoes are now by law competent witnesses, freedmen, free negroes, or mulattoes shall be competent in civil cases, when a party or parties to the suit, either plaintiff or plaintiffs, defendant or defendants; also in cases where freedmen, free negroes, and mulattoes is or are either plaintiff or plaintiffs, defendant or defendants, and a white person or white persons is or are the opposing party or parties, plaintiff or plaintiffs, defendant or defendants. They shall also be competent witnesses in all criminal prosecutions where the crime charged is alleged to have been committed by a white person upon or against the person or property of a freedman, free negro, or mulatto: Provided, That in all cases said witnesses shall be examined in open court, on the stand; except, however, they may be examined before the grand jury, and shall in al cases be subject to the rules and tests of the common law as to competency and credibility.

SEC. 5. Be it further enacted, That every freedman, free negro, and mulatto shall, on the second Monday of January, one thousand eight hundred and sixty-six, and annually thereafter, have a lawful home or employment, and shall have written evidence thereof as follows, to wit: If living in any incorporated city, town, or village, a license from the mayor thereof; and if living outside of any incorporated city, town, or village, from the member of the board of police of his beat, authorizing him or her to do irregular and job work; or a written contract, as provided in section sixth of this act; which licenses may be revoked for cause at any time by the authority granting the same.

SEC. 6. Be it further enacted, That all contracts for labor made with freedmen, free negroes, and mulattoes for a longer period than one month shall be in writing, and in duplicate, attested and read to said freedman, free negro, or mulatto by a beat, city or county officer, or two disinterested white persons of the county in which the labor is to be performed, of which each party shall have one; and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of the employer before expiration of his term of service, without good cause, he shall forfeit his wages for that year up to the time of quitting.

SEC. 7. Be it further enacted, That every civil officer shall, and every person may, arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause; and said officer and person shall be entitled to receive for arresting and carrying back every deserting employé aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery; and the same shall be paid by the employer, and held as a set-off for so much against the wages of said deserting employé Provided, That said arrested party, after being so returned, may appeal to a justice of the peace or member of the board of police of the county, who, on notice to the alleged employer, shall try summarily whether said appellant is legally employed by the alleged employer, and has good cause to quit said employer. Either party shall have the right of appeal to the county court, pending which the alleged deserter shall be remanded to the alleged employer or otherwise disposed of, as shall be right and just; and the decision of the county court shall be final.

SEC. S. Be it further enacted, That, upon affidavit made by the employer of any freedman, free negro, or mulatto, or other credible person, before any justice of the peace or member of the board of police, that any freedman, free negro, or mulatto legally employed by said employer has illegally deserted said employment, such justice of the peace or member of the board of police shall issue his warrant or warrants, returnable before himself or other such officer, to any sheriff, constable, or special deputy, commanding him to arrest said deserter, and return him or her to said employer, and the like proceedings shall be had as provided in the preceding section; and it shall be lawful for any officer to whom such warrant shall be directed to execute said warrant in any county of this State; and that said warrant may be transmitted without indorsement to any like officer of another county, to be executed and returned as aforesaid; and the said employer shall pay the costs of said warrants and arrest and return, which shall be set off for so much against the wages of said deserter. SEC. 9. Be it further enacted, That if any person shall persuade or attempt to persuade, entice, or cause any freedman, free negro, or mulatto to desert from the legal employment of any person before the expiration of his or her term of service, or shall knowingly employ any such deserting freedman, free negro, or mulatto, or shall knowingly give or sell to any such deserting freedman, free negro, or mulatto any food, raiment, or other thing, he or she shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars and not more than two hundred dollars and the costs; and if said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding two months' imprisonment in the county jail, and he or she shall moreover be liable to the party injured in damages: Provided, If any person shall, or shall attempt to, persuade, entice, or cause any freedman, free negro, or mulatto to desert from any legal employment of any person, with the view to employ said freedman, free negro, or mulatto without the limits of this State, such person, on conviction, shall be fined not less than fifty dollars and not more than five hundred dollars and costs; and if said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding six months' imprisonment in the county jail.

SEC. 10. Be it further enacted, That it shall be lawful for any freedman, free negro or mulatto, to charge any white person, freedman, free negro or mulatto, by affidavit, with any criminal offence against his or her person or property, and upon such affidavit the proper process shall be issued and executed as if said affidavit was made by a white person, and it shall be lawful for any freedman, free negro or mulatto, in any action, suit or controversy pending, or about to be instituted in any court of law or equity of this State, to make all needful and lawful affidavits as shall be necessary for the institution, prosecution or defence of such suit or controversy.

SEC. 11. Be it further enacted, That the penal laws of this State, in all cases not otherwise specially provided for, shall apply and extend to all freedmen, free negroes and mulattoes.

SEC. 12. Bet further enacted, That this act take effect and be in force from and after its passage.

Approved November 25, 1865.

AN ACT to punish certain offences therein named, and for other purposes.

SECTION 1. Be it enacted by the legislature of the State of Mississippi, That no freedman, free negro or mulatto, not in the military service of the United States government, and not licensed so to do by the board of police of his or her county, shall keep or carry fie-arms of any kind, or any ammunition, dirk or bowieknife, and on conviction thereof in the county court shall be punished by fine,

not exceeding ten dollars, and pay the costs of such proceedings, and all such arms or ammunition shall be forfeited to the informer; and it shall be the duty of every civil and military officer to arrest any freedman, free negro, or mulatto found with any such arms or ammunition, and cause him or her to be committed for trial in default of bail.

SEC. 2. Be it further enacted, That any freedman, free negro, or mulatto committing riots, routs, affrays, trespasses, malicious mischief, cruel treatment to animals, seditious speeches, insulting gestures, language, or acts, or assaults on any person, disturbance of the peace, exercising the function of a minister of the gospel without a license from some regularly organized church, vending spirituous or intoxicating liquors, or committing any other misdemeanor, the punishment of which is not specifically provided for by law, shall, upon conviction thereof in the county court, be fined, not less than ten dollars, and not more than one hundred dollars, and may be imprisoned at the discretion of the court, not exceeding thirty days.

SEC. 3. Be it further enacted, That if any white person shall sell, lend, or give to any freedman, free negro, or mulatto any fire-arms, dirk or bowie-knife, or ammunition, or any spirituous or intoxicating liquors, such person or persons so offending, upon conviction thereof in the county court of his or her county, shall be fined not exceeding fifty dollars, and may be imprisoned, at the discretion of the court, not exceeding thirty days: Provided, That any master, mistress, or employer of any freedman, free negro, or mulatto, may give to any freedman, free negro, or mulatto, apprenticed to or employed by such master, mistress, or employer, spirituous or intoxicating liquors, but not in sufficient quantities to produce intoxication.

SEC. 4. Be it further enacted, That all the penal and criminal laws now in force in this State, defining offences and prescribing the mode of punishment for crimes and misdemeanors committed by slaves, free negroes, or mulattoes, be, and the same are hereby, re-enacted and declared to be in full force and effect, against freedmen, free negroes, and mulattoes, except so far as the mode and manner of trial and punishment have been changed or altered by law.

SEC. 5. Be it further enacted, That if any freedman, free negro, or mulatto, convicted of any of the misdemeanors provided against in this act, shall fail or refuse for the space of five days, after conviction, to pay the fine and costs imposed, such person shall be hired out by the sheriff or other officer, at public outery, to any white person who will pay said fine and all costs, and take said

convict for the shortest time.

SEC. 6. Be it further enacted, That this act shall be in force and take effect from and after its passage.

Approved November 29, 1865.

AN ACT supplementary to "An act to confer civil rights upon freedmen,” and for other purposes.

SECTION 1. Be it enacted by the legislature of the State of Mississippi, That in every case where any white person has been arrested and brought to trial by virtue of the provisions of the tenth section of the above-recited act, in any court in this State, upon sufficient proof being made to the court or jury, upon the trial before said court, that any freedman, free negro, or mulatto has falsely and maliciously caused the arrest and trial of said person or persons, the court shall render up a judgment against said freedu an, free negro, or mulatto for all costs of the case, and impose a fine not to exceed fifty dollars, and imprisonment in the county jail not to exceed twenty days; and for a failure of said freedman, free negro, or mulatto to pay or cause to be paid all fines, costs, and jul fees, the sheriff of the county is hereby authorized and required, after giving

ten days' public notice, to proceed to hire out at public outcry at the court-house of the county said freedman, free negro, or mulatto for the shortest time, to raise the amount necessary to discharge said freedman, free negro, or mulatto from all costs, fines, and jail fees aforesaid.

SEC 2. Be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved December 2, 1865.

NORTH CAROLINA.

AN ACT concerning negroes and persons of color or of mixed blood.

SECTION 1. Be it enacted by the general assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That negroes and their issue, even where one ancestor in each succeeding generation to the fourth inclusive is white, shall be deemed persons of color.

SEC. 2. Be it further enacted, That all persons of color who are now inhabitants of this State shall be entitled to the same privileges, and subject to the same burthen and disabilities, as by the laws of the State were conferred on, or were attached to, free persons of color, prior to the ordinance of emancipation, except as the same may be changed by law.

SEC. 3. Be it further enacted, That persons of color shall be entitled to all the privileges of white persons, in the mode of prosecuting, defending, continuing, removing and transferring their suits at law and in equity; and likewise to the same mode of trial by jury, and all the privileges appertaining thereto. And in all proceedings in equity, by or against them, their answer shall have the same force and effect in all respects as the answer of white persons.

SEC. 4. Be it further enacted, That in all cases of apprenticeship of persons of color, under chapter five (5) of the revised code, the master shall be bound to discharge the same duties to them as to white apprentices, and the words "as are white," in section three, line three, are hereby repealed, and the word "apprentice" shall be read after the word "such," in said line, and the words "if a white person," in the second line of section six, are hereby repealed, and the word "apprentice" shall be read after the same: Provided always, That in the binding out of apprentices of color, the former masters of such apprentices, when they shall be regarded as suitable persons by the court, shall be entitled to have such apprentices bound to them, in preference to other persons.

(Chapter 5, section 3, of the revised code, as amended by this act, reads thus: "The master or mistress shall provide for the apprentice diet, clothes, lodging, and accommodations fit and necessary; and such apprentice shall teach or cause to be taught to read and write, and the elementary rules of arithmetic; and at the expiration of every apprenticeship shall pay to cach apprentice six dollars, and furnish him with a new suit of clothes, and a new Bible; and if upon complaint made to the court of pleas and quarter sessions it shall appear that any apprentice is ill-used, or not taught the trade, profession and employment to which he was bound, or that any apprentice is not taught reading, writing, and arithmetic as aforesaid, the court may remove and bind him to some other suitable person.")

(Section 6, chapter 5, of the revised code of North Carolina, as amended by this act, reads thus:

"If any apprentice, whether colored or otherwise, who shall be well used by his master, and who shall have received from his said master not less than twelve months' schooling, shall absent himself, after arriving at the age of eighteen years, from his master's service before the term of his apprenticeship shall have expired,