1833 Act Concerning Free Persons of Colour, Chatham Co., GA @GlynnGen.com

1833 Act Concerning Free Persons of Colour
the Guardians & Clourd Preachers

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Sect. 1 Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same. That each and every Guardian of a free person of Colour shall on or before the first day of May in each year make a return in the clerks office of the Superior Court of the County in which he lives stating the name of such free person of colour the date of his letters of Guardianship the occupation of his ward and shall specify the means by which he obtained his or her freedom and such return shall be sworn to by such Guardian.

Sect. 2 And be it further enacted that each Guardian failing to make such return shall be liable to a penalty not exceeding one thousand dollars for each such failure to be levied upon his proper goods and chattels, lands and tenements if there shall be insufficient or one the goods, chattels lands and tenements of the ward or wards of such Guardian as he shall have failed to make a return of as required in the first Section of this act. Providing that the party thus neglecting to make such a return to the Clerk of the superior Court may relieve himself of such fine by a satisfactory showing to the Superior or Inferior Courts of the county in which such neglect shall take place that such neglect was by accident or omission and not with intention to evade said Law and who shall then make his return.

Sect. 3 And be it further enacted that it shall not be lawful for any person to give credit to any free person of colour but on a written order of the Guardian.

Sect. 4 And be it further enacted that if neither the Guardian nor the ward have property to pay any penalty which may be awarded under this act or any debt which may be contracted under the written order of the guardian it may be lawful for the court to bind out such ward and upon such terms as they may think proper to satisfy such penalty or debt.

Sect. 5 And be it further enacted. That no person of Colour whether free or slave shall be allowed to preach to, Exhort or join in any religious exercise with any persons of Colour either free or Slave there being more than seven persons of colour present. They shall first obtain a written Certificate from three ordained ministers of the Gospel of their own order. In which certificate shall be set fourth [sic] the good moral character of the applicant his Pious deportment and his ability to teach the Gospel. Having a due respect to the character of those persons to whom he is to be liscensed [sic] to preach too [sic] said ministers to be members of the Conference, Presbitary [sic] Synod or association to which the churches belongs [sic]. In which said coloured preachers may be so liscensed [sic] to preach too [sic] and also the written permission of the Justices of the Inferior Court of the county and in counties in which the county town is incorporated in addition thereto the permission of the Mayor or chief officer or commissioners of such incorporation such liscence not be for a longer term than six months and to be revocable at any time by the person granting it, any free person of colour offending against this provision to be liable on conviction for the first offence to imprisonment at the discretion of the court and to a penalty not exceeding five hundred dollars to be levied on the property of the person of colour if this is insufficient shall be sentenced to be whipped and imprisoned at the direction of the court provided such imprisonment shall not exceed six months and no whipping shall exceed thirty nine lashes.

Sect. 6 And be it further enacted that each offence under this act may be prosecuted by indictment in the superior court of the county in which the same shall have been committed and the penalties shall be recoverable by quitam [sic] action in the Superior or Inferior court one half to the use of the informer and the other to the use of the County Academy.

Sect. 7 And be it further enacted. By the authority aforesaid that from and after the passage of this act it shall not be lawful for any free person of colour in this state to own use or carry fire arms of any description whatever and be it further enacted by the authority aforesaid that upon information given on oath to any Justice of the peace of any county in this state of any free person of colour owning, using or carrying fire arms as aforesaid, it shall be his duty to issue his warrant for the arrest of said free person of Colour to answer said charge before himself or any other justice of the peace in the county where said offence may be committed and upon sufficient proof there of it shall be the duty of said Justice to order and adjudge that the free person of colour so detected in owning using or carrying fire arms shall receive upon his bare back thirty nine lashes and that the fire arms so found in the possession of said free person of colour shall be exposed to public sale after giving fifteen days notice of the time and place thereof at three of the most public places in the district, and the money arising from the sale of said arms shall be appropriated by said Justice of the peace for the payment of the cost which may accrue in the said prosecution and the overplus if any there, [sic] to be delivered by said Justice to the informer against offender.

Sect. 8 And be it further enacted that the first and Second Section of this act be and they are hereby declared only applicable to the county of Chatham.

Sect. 9 And be it further enacted that all laws or parts of laws imitating[?] against this law, be and the same are hereby repealed.

Thomas Glascock, Speaker House Rep.
J. ??wood, President of Senate

Assented to Dec. 23rd 1833, Wilson Lumpkin, Governor.

 


 

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