1873 Ky. Acts 35-36
| dc.coverage.spatial | Kentucky | |
| dc.date.accessioned | 2025-10-24T00:41:40Z | |
| dc.date.accessioned | 2025-11-12T19:17:16Z | |
| dc.date.accessioned | 2026-03-17T01:51:59Z | |
| dc.date.issued | 1873 | |
| dc.description.abstract | Pub. Acts ch. 767§ 1-9: If two or more persons shall unlawfully confederate or band together, and go forth armed or disguised, they shall each, on conviction thereof, be imprisoned in the penitentiary not less than six nor more than twelve months, or fined, in the discretion of the jury, in a sum not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail for a period of not less than three nor more than six months. | |
| dc.description.lawtext | § 1. That if any person shall send, circulate, exhibit, or put up any threatening notice or letter, signed with such person's own or another's name, or anonymously, he shall, on conviction thereof, be fined not less than one nor more than five hundred dollars, and imprisoned in the county jail not less than three months. § 2. If any two or more persons shall confederate or band themselves together, for the purpose of intimidating, alarming, or disturbing any person or persons, or to do any felonious act, they or either shall, on conviction thereof, be confined in the penitentiary not less than six nor more than twelve months, or, in the discretion of the jury, fined not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail not less than three nor more than six months. § 3. If two or more persons shall unlawfully confederate or band together, and go forth armed or disguised, they shall each, on conviction thereof, be imprisoned in the penitentiary not less than six nor more than twelve months, or fined, in the discretion of the jury, in a sum not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail for a period of not less than three nor more than six months. § 4. If any injury shall result to the person or property of any person or persons by reason of any unlawful acts denounced in the preceding sections of this act, the person or persons engaged or participating, or any one of them, in such unlawful act or acts, shall, on conviction thereof, be confined in the penitentiary for a period of not less than twelve nor more than eighteen months, in the discretion of the jury. § 5. For the purpose of more effectually enforcing the provisions of this act, the Governor is hereby authorized and directed, upon the presentation of evidence, made under oath, satisfactory to him, that there has been a violation of the 4th section of this act, to offer a reward of not less than one hundred and not more than five hundred dollars, for the apprehension and conviction of each of the offenders. § 6. It shall be the duty of the several sheriffs and other peace officers of this Commonwealth, upon information furnished them by written affidavit, made before any officer of the county authorized to administer an oath, setting forth that said person or persons know, or have reasonable grounds to believe, that two or more persons, disguised or otherwise, bearing arms or deadly implements of any character, have, within twenty-four hours preceding the time of the making of such affidavit, visited any house, or were seen in any neighborhood, disguised and bearing arms or other deadly implements, with a view of injuring, alarming, or intimidating any citizen of said neighborhood, or that any citizen of said neighborhood has, within said period of time, received any injury to his person or that of any member of his family, or to his property, by reason of the act or acts of any two or more persons, confederated or banded together, in disguise or otherwise, for any unlawful purpose, to summon a posse comitatus of not more than ten persons, good and true men, and forthwith repair to such neighborhood, where he may summon an additional posse of not more than twenty-five other persons, from the law-abiding citizens of said neighborhood, and with the entire posse so summoned shall at once proceed to exercise all possible diligence and energy for the discovery and arrest of all such offenders against the law; and to this end the sheriff and his posse shall have power to pursue and arrest any and all such offenders beyond the boundaries of his county, into any other county of this Commonwealth, whenever he has reasonable grounds for believing that such offenders, or any of them, reside in, or have fled to, such other county; and it shall be his duty, immediately after making such arrests or arrest, to carry the persons or person so arrested before any magistrate of the county where the offenses or offense was committed, to be dealt with according to law. § 7. If any sheriff or other peace officer shall refuse or fail to discharge any of the duties imposed upon him by the provisions of this act, he shall, upon conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars, for each separate offense; and if any person summoned by the sheriff, or any other peace officer, as a member of his posse, shall refuse or fail to obey said summons, without good and sufficient cause, he shall, on like conviction thereof, be fined any sum not less than thirty nor more than three hundred dollars. § 8. In any prosecution under this act it shall be no exemption for a witness that his testimony may criminate himself; but no such testimony given by the witness shall be used against him in any prosecution except for perjury; and he shall be discharged from all liability for any violation of this act so necessarily disclosed in his testimony. § 9. This act shall take effect from and after its passage. | |
| dc.description.summary | This statute criminalizes various forms of organized intimidation and armed vigilantism, establishing strict penalties for individuals who send threatening notices or band together to alarm or injure others. If two or more persons confederate and go forth while armed or disguised, they face mandatory imprisonment in the penitentiary or significant fines and jail time, with increased felony sentences of up to eighteen months if their actions result in physical injury or property damage. To ensure enforcement, the Governor is authorized to offer rewards for the apprehension of such offenders, while sheriffs are legally compelled to summon a *posse comitatus* of up to thirty-five citizens to pursue and arrest armed, disguised groups across county lines upon receiving a sworn affidavit of their presence. Any peace officer or summoned citizen who fails to perform these duties faces substantial fines, and the act further streamlines prosecutions by granting witnesses immunity from self-incrimination for any related violations disclosed during their testimony. | |
| dc.identifier.uri | https://dspace.firearmsresearchcenter.org/id/frc0001/3943 | |
| dc.subject | MILITIAS | |
| dc.title | 1873 Ky. Acts 35-36 |