from

B L A C K C O D E S

O F M I S S I S S I P P I

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–––––––––––––––––– Mississippi State Legislature ––––––––––––––––

CHAPTER III

Section 9

Be it further enacted,…that in case a freedman is committed and either he or

his employer fails for five days to pay his fine or penalty the sheriff shall hire

such freedman to any person who will pay such fine and costs…and in case the

fine and costs are paid by the employer he may retain it out of any wages then

due the freedman.…

CHAPTER IV

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,…in all the courts of law and

equity of this State, and may acquire personal property…by descent or

purchase, and may dispose of the same, in the same manner,…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.

Section 2

Be it further enacted, That all freedmen, free negroes and mulattoes may

intermarry with each other.…

Section 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 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,…

Section 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.…

Section 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…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.

Section 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 employee aforesaid, the sum of five dollars, and ten cents per mile

from the place of arrest to the place of delivery, [to] be paid by the employer.…

CHAPTER VI

AN ACT to amend the Vagrant Laws of the State.

Section 5

Be it further enacted, That…in case any freedman, free negro or mulatto,

shall fail for five days after the imposition of any fine or forfeiture upon him or

her for violation of any of the provisions of this act, to pay the same, that it shall

be, and is hereby made the duty of the sheriff of the proper county to hire out

said freedman, free negro or mulatto, to any person who will, for the shortest

period of service, pay said fine or forfeiture and all costs: Provided, a preference

shall be given to the employer, if there be one, in which case the employer shall

be 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.…

CHAPTER XXIII

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…shall keep or carry fire-arms of any kind, or any

ammunition, dirk or bowie knife, 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 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.

Section 2

Be it further enacted, That any freedman, free negro or mulatto, committing

riots, routs, affrays, trespasses, malicious mischief, cruel treatment of animals,

seditious speeches, insulting gestures, language or acts, or assaults on any

person, disturbances 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…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.…

Approved November 29, 1865.