Chap. 113.—An ACT to Amend and Re-enact the Act in Relation to Chain
Gang3, approved July 11th, 1870.

Approved February 21, 1872.

1. Be it enacted by the general assembly, That the act en- /
titled “an act to authorize the organization of chain gangs in 5
the cities, towns and counties of the state,” approved July /
eleventh, eighteen hundred and seventy, be amended and re-”
enacted so as to read as follows:

“$1. Be it enacted by the general assembly, That the com-
mon councils of all cities and towns in this state, containing !
& population of over five thousand inhabitants, and the trus- >
tees or other proper authority of other incorporated towns of *
less than five thousand inhabitants, and the board of super- F
visors of each county, or (if they shall not act) the judge of °
the county or corporation court of such county or corporation,
are hereby authorized and empowered to establish chain gangs, ?
to be composed of the persons hereinafter described, in their
respective cities, towns and counties, for the purpose and
object of working on the streets, roads and public property of
such cities, towns and counties; and all male persons above y
the age of sixteen years, who may be convicted of misdemeanor °
or any offence deemed infamous in law, and sentenced to con
finement in jail as a punishment, or part punishment for such
offence, or who may be imprisoned for failure to pay any fine
or penalty which may haye been imposed upon or assessed
against such person, upon such conviction, may be required to
work in such chain gang.

“$2. Such common councils, trustees, or other proper au- F
thority, and boards of supervisors or judge, shall establish "
rules and regulations for the care, safe-keeping and govern- i
ment of such persons while so employed, and shall provide for ©
the payment of the expenses of said chain gangs out of their
city, town and county treasuries.

““s 3. The judge shall order such persons as may be confined c
or committed to the jail of his county or corporation, and §
liable to work in chain gangs under the provisions of this act,
to be delivered by the jailor to the person authorized to take
charge of and work the chain gang in his city, town or county,
which order shall specify the length of time each person is .
required to work in such chain gang. He may direct, if the ©
judge shall think proper so to do, that they be confined in the »
jail when not engaged at work. The jailor shall take a receipt s a
for every prisoner delivered by him under such order, which
shall discharge him from all liability for the escape of such
persons so long as they may not be in his custody.

“s 4. If it shall be manifest that from old age, bodily in-

firmity, or any other cause, any person otherwise liable to

labor in the chain gang should be exempted therefrom, it shall
be the duty of the judge to make an order to that effect,
stating in the order the reason therefor.

“8 5. All persons held to labor under the provisions of this
act for the non-payment of any fine imposed upon or assessed
against them, shall be required to work out the full amount of
all such fines or assessments, including the legal costs, at the
rate of twenty-five cents per day for each day so held, Sundays
excepted: provided, that all persons held to labor under the

' provisions of this act shall be entitled to a credit of twenty-five

“Fs

cents for each day of their confinement, whether they labor or
not, as a credit upon any fine which may be assessed against
them. A statement of the amount of the fine or assessment,
together with the costs and the number of days labor required
to discharge the same, shall be made out under the direction
of the judge and delivered to the person in charge of the
chain gang at the time he receives the delinquent: provided,
that no person shall be held to labor in any chain gang, for the
non-payment of any fine imposed upon or assessed against
him, for a greater period than six months.”
2. This act shall be in force from its passage.