1833 Act Concerning
Free Persons of Colour
the Guardians & Clourd Preachers
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. Assented to Dec. 23rd 1833, Wilson
Lumpkin, Governor. |
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