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![handle is hein.slavery/ssactsal0505 and id is 1 raw text is: [No. 266.] AN ACT
To prevent nuisances and illegal trafficking with slaves.
SECTION 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly con-
vened, That the keeping of every house in this State where
spirituous liquors are sold, retailed or given away, and which
slaves or free persons of color habitually visit, assemble or
stop at, or loiter about, is hereby declared to be a public
nuisance; Provided, The general reputation of such house,
or of the keepers thereof, as to trading or trafficking with
slaves, is bad.
SEC. 2. Be it further enacted, That every person who
keeps or engages in the keeping of any such house, shall Indictment.
be liable to indictment therefor, and upon conviction there-
of shall be fined for the first offence in any sum the jury
trying the case may assess, not less than fifty dollars nor
more than two hundred dollars, and for the second and
every subsequent offence shall be fined not less than two
hundred dollars nor more than one thousand dollars, and
be imprisoned in the common jail of the county not less
than ten days nor more than six months, one or both, in
the discretion of the jury trying the offence; Provided, The
person Eo convicted the second time for the same offence,
shall not have license granted him or her again in the same
county.
SEc. 3. Be it further enacted, That in all prosecutions
under this act, it shall be sufficient for the indictment to Prosecution.
state that the defendant before the finding of the indictment,
kept or was engaged in the keeping of a public nuisance,
by having permitted slaves or free persons of color, ha-
bitually to visit, assemble, or stop at, or loiter about the
house or premises kept or occupied by the defendant.
SEc. 4. Be itJ further enacted, That before any convic-
tion can be had in any prosecution under this act, it shall
be incumbent on the State to prove by three or more re- Proot.
spectable witnesses that the general reputation of the house
or of the keepr thereof, for the keeping of which the in-
dictment is found, as to trading or trafficking illegally with
slaves, is bad.
SEC. 5. Be it further enacted, That nothing in this act
contained shall be construed as a repeal of any of the laws
now in force in relation to prosecutions for trading or traf-
ficking with slaves.
APPROVED, February 6, 1858.
285
1857--'58](ViewImageLocal?handle=hein.slavery/ssactsal0505&div=1&collection=&method=preview&ext=.png&size=3)