New national era. [volume] (Washington, D.C.) 1870-1874, 1873-02-27
civil Rights Enact.
ment.
GENERAL LAw-So. COL

An Act to amend sections o73l and 2T32 O
the Revised Code, approved May l3th
1871.
SECTION /. Be IL enacted BY tie Legislqfar,
Of the STATE IF lHl,sisuppi, That section two
thousand seven hundred and thirty-oue and
section two thousand seven hundred and
thirty-two Of the Revised Code, approved
May 10, \. ID. ISL, be, and they are hereby
amended to read a. follows, to wit: That all
citizens of this State, without distinction Of
race, color, or previous condition of seryitude
are entitled to the equal and impartial en-.
loyment OF any accommodation, advantage
facility or privilege furnished by common car.
rIers running in or through or PLYING within
this state, whether upon land or upon waters,
by any keeper, owner, or lessee Of any hotel.
inn, or restaurant, by any owners, managers
or lessee of any theatre or other place OF
public amusement or place o.. entertainment
or accommodation, and the equal and I'M
partial enjoyment of any such accommoda-
ton, facility, privilege, or advantage is here
by declared to have always been, is now, and
shall forever remain q right Inherent in every
citizen or person, and which right shall not
be denied, al -idged, or infringed on account
OF any distinction of race, color, or previous
condition of seryitu1e; and any person who
shall violate any of the foregoing provisions.
or who shall deny to, or withhold from any
person the enjoyment Of any of the foregoing
accommodations, facilities, privileges, or adj
vantages, equally and impartially on any such
account, or for any such reason, or who shall
abridge or infringe the same, or who shall in
cite thereto, shall be deemed guilty of a mis-
demeaRor, and shall, on conviction before
any justice OF the peace or any court having
jurisdiction thereof, for each and every such
yAaX To 10
grieved thereby, sum of money which. in
any case, shall not be less than three hun
bred dollars, to be recovered in any action on
the case, with full cost and such allowance
TOR counselS fees as the court shall deem
just; and shall be fined not less than one
hundred dollars, or be imprisoned not less
than thirty days nor more than one wear. or
both, in the discretion of the court.
And any corporation, association, or indi-
vIdual violating the aforesaid provisions, or
any Of them, or denying, Withholding, abridg-
ing, or intriguing, in any manner, any of the
aforesaid rights, privileges, accommodations,
facilities, or advantages of any citizen or per-
son, shall, upon conviction thereof, forfeit
their, his, or her charter or license, or other
authority or power, under or by virtue of
which they, he or she are, or may be, by the
laws OF this State, permitted or authorized to
plOyment, and any person or association of
persons assuming or continuing to use or act
under or by virtue Of any such charter, IL
cense, or authority, so forfeited or aiding in
the same or melting thereto, shall be deemed
guilty of a misdemeanOr, and on conviction
thereof, shall be fined for each and every Of
Tense not less than one thousand, nor more
than five thousand dollars, and shall be inn
prisoned not less than three years, nor more
than seven years, and the corporate and Joint
property of such corporation or association,
or individual, shall be held liable for the for
textures, fines, and penalties incurred by any
of this act.
SEC. 2. Be 1t further enacted, That the Cir
cult Court of this State shall have appellate
jurisdiction in all cases arising under or by
virtue of this act, and it shall only be neces-
sary for the plaintiff or plaintiffs in any action
under or by virtue of this act in any court to
show that he, or she, or they, as the case
may be, were refused, denied, or withheld
equal and impartial accommodation, facility,
privilege, or advantage furnished by any pub
lie carriers, by any inn-keeper, owner, man
ager, or lessee of any theatre, or other place
of public amusement or Of entertainment or
or that their, his. or her
right or rights as declared by this act were
abridged or infringed, and no sufficient cause
was assigned, given, or made known to the
plaintiff, then and there, at the time of such
refusal, denial, or Withholding, or abridging,
or infringing Of such accommodation, facility,
privilege, or advantage applied for, and the
burden of proof shall be upon the defendant,
to show that such refusal, denial, or with
holding of such accommodation, facility, pri-
vilege, Or advantage, or abridging or infring-
ing of the same was not on account of race,
color, or previous condition of servitude.
SEC. 3. Be 1t further enacted, That the
Judges of the several Circuit Courts Of this
State shall specially give this act in charge
to the grand jury Of their respective courts,
at the commencement of each term thereof,
and district attorneys Of the several districts
of this State shall institute and prosecute in
their several districts proceedings for any vio-
lation of this act, and any district attorney
who shall fail, neglect, or refuse compliance
herewith, shall be deemed guilty of INSIDE
meanor in office, and on conviction thereof
shall be fined not less than five hundred dol
lars nor more than one thousand dollars, and
shall be dismissed from office.
SEC. 1. Be it further enacted, That every
law, statue, ordinance, regulation, or custom
with this act, or the act to which
this is amendatory, is hereby repealed and
annulled, and that this act take effect and be
in force on and after thirty days from the date
of its passage.
Approved February !, 1873.