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mean causes, and shall be paid to the church wardens of the parish where the offence be committed, for the use of the poor of the said parish.
ACT of June 17, 1746. Grimke's Public Laws, 205. 281. Sec. I. [The preceding part of this section, relating to pa
trol districts, and persons liable to perform patrol duty, superseded company to by A. A. Dec. 18, 1819.) And that it may be known to what keep a book.
patrol district the several persons belong. the clerk of exch company respectively shall enter the patrol districts in a book to be kept for that purpose, which book shall be viewed by any person belonging to the company, without fee or reward.
282. Sec. vi. And that the said patrols may be better able to suppressa y mischievous designs of negroes or other slaves, dur
ing their time of service, It is further enacted, That every perHow patrul to be armed. son undertaking as a proxy for another, to serve in the said
patrol in pursuance of or by virtue of this act, shall provide for himself and keep always in readivess, and carry with him on his patrol service, one good gun or pistol in order, a cutlass, and a cartridge box, with at least six cartridges in it, under the penalty of 20s. current money, for want of any such arms and ammunition at such times and places as they shall be appointed by their respective commanders in their several districts.
283. Sec. vir. [First part of this section, relating to time
of riding patrol, superseded by Patrol Act, 1819.1 And the Negro barshe said patrols shall have full power to search and examine all need for offen- gro houses for offensive weapons and ammunition, and on finding
such, contrary to the act for the better ordering and governing of negroes and other slaves, shall then proceed according to the method by the said act directed.*
284. Sec. VII. [First part of this section, relating to disor
derly tippling houses, superseced] And the said patrols in their Disorderly several districts may search any such disorderly houses for stolen searched for goods, if any are suspected to be there concealed, upon oath first stolen gouds. made of such suspicion before a magistrate, and the same certi
fied to the commander of such patrol.
285. Sec. X. [First part superseded.] And if any captain or other officer, constable, patrol man, or other person, shall be
sued, arrested or impleaded for any matter or thing which he Patrol
shall do or cause to be done by virtue of, or in pursuance of this euted, what to plead.
act, it shall and may lawful for every such captain and other officer,constable, patrol man, and other person, to plead the general issue, and give this act and the special matter in evidence on the trial : And if a verdict shall pass against the plaintiff or plaintiffs, or that such plaintiff or plaintiffs shall suffer a non-suit or discontinue his or their action or suit, then and in every such case, the court where such action shall be depending, shall tax and allow to the defendant or defendants, his and their double costs in every such suit or action.
*Act 10th May, 1740, Grimke's Public Laws, page 163.
Aliens ard transient
Citizens of states at war
ACT of May 10, 1794. i F. L. 321, 286. Sec. xxv. Whereas a doubt has arisen whether aliens and other transient persons who have resided or may reside in this state for a considerable length of time, and enjoy the benefit and advantage resulting from the organization of the militia of this state, are liable to perform militia duty; and whereas it is but just and reasonable that those whose property is secured by the care and watchfulness of the community in which they reside, should contribute to its protection :
Be it enacted, &c. That all free white aliens or transient persons, above the age of 18, and under the age of 45 years, who have resided or hereafter shall or may reside in this state for the persons liaterm of six months, shall immediately thereafter be, and are trol duty. hereby declared to be subject and liable to do and perform all patrol and militia duty, which shall or may be required by the commanding officer of the beat or district in which such alien or transient person shall reside, and be subject and liable to all pains and penalties inflicted by this act, any law, usage or custom to the contrary thereof in any wise notwithstanding : Provided always, that nothing contained in this act shall be construed to extend to or affect in any way or manner the native born citizen with the u. of any state or potentate, who shall be actually engaged in war du not to da
duty. with the United States; or to compel such alien or transient person, to serve on patrol or militia duty out of the particular district of the regiment to which he shall or may be attached, nor to native born or bona fide French citizens (not being citizens of the United States), who are by treaty exempt from all personal service.
ACT of Dec. 20, 1800. 2 F. L. 351. 287. Sec. I. Whereas the laws heretofore enacted for the government of slaves, free negroes, mulatioes and mustizoes, have been found insufficient for keeping them in due subordination, Be it therefore enacted, &c. That from and after the passing of this law, all assemblies and congregations of slaves, free negroes, mulattoes and mụstizoes, whether composed of all or any of the above description of persons, or of all or any of the above described persons and of a proportion of white persons as- unlawful assembled or met together for the purpose of mental instruction, negroes and in a confined or secret place of meeting, or with the gates or persons of doors of such place of meeting, barred, bolted or locked, so as to prevent the free ingress and egress to and from the same, shall be and the same is hereby declared to be an unlawful meeting ; and the magistrates, sheriffs, militia officers and officers of the patrol, being commissioned, are hereby directed, required and empowered to enter into such confined places where such un- patrol to dis. lawful assemblies are convened, and for that purpose to break ful asserdoors, gates or windows, if resisted, and disperse such slaves, free negroes, mulattoes or mustizoes, as may be then and there found
* This treaty has expired; French citizens are now, therefore liable to do patrol daty.
Powers of If ont of
unlawfully met together and convened, and such magistrates,
of colour. as aforesaid ; and the officers and persons so dispersing such unlawful assemblage of persons, shall, if they punishment think proper, impose such corporal punishment, not exceeding 10. be inflict- twenty lashes, upon such slaves, free negroes, mulattoes or musti
zoes, as they may judge necessary for deterring them from the like unlawful assemblage in future; and the said officers so dis
persing such unlawful assemblage, shall, if within the city of of Charleston Charleston, have power to take into custody and deliver to the
master of the work house in Charleston aforesaid, all or any of such slaves, free negroes, mulattoes or mestizoes, as may be found transgressing this law; and the master of the work house aforesaid, is hereby directed and required to receive such person or persons, and inflict on him or them such punishment as any two magistrates of the said city may think fit and direct, not exceeding twenty lashes; and the officers dispersing such unlawful
assemblies, shall, if without the limits of Charleston, have powCharleston. er to take into custody and deliver to the nearest constable, all
or any of such slave or slaves, free negroes or mulattoes, as may be found transgressing this law, and the said constahle is hereby required to receive such persons and convey them to the nearest magistrate, who shall inflict such punishment, not exceeding twenty lashes, which any such magistrate may order and direct.
288. Sec 111. And be it further enacted, &c. That from and meeting of after the passing of this act, it shall not be lawful for any numslaves, &c. ber of slaves, free negroes, mulattoes or mustizoes, even in com
pany with white persons, to meet together and assemble, for the
purpose of mental instruction or religious worship, * either before *Sce No. 305. the rising of the sun, or after the going down of the same; and
all magistrates, sheriffs, militia officers, and officers of the patrol,
officer, or other person so entering into and dispersing such slaves,
free negroes, mulattoes and mustizoes, from such closed or conpersing un fined places of meeting, or from such open meeting before sunings to be rise, or after the going down of the same, shall be, and he is Studes per hereby declared under the protection of the law, and free from
all suits at law, prosecutions and indictments, for or on account of such acts as may be done and performed by him or them, in pursuance of the letter and meaning of this act; and all and every person or persons, suing or prosecuting any officer, or
How fines to be collected.
other person, for any trespass or tort done by him in putting in force and executing this law, on failure of convicting the party, or proving the case fully, so as to entitle him, her or them to a recovery of damages, shall be liable, and be deemed and adjudged to pay to the party so prosecuted or sued, treble costs; for which costs, the party prosecuted or sued, shall have his execution in the usual form, against the goods and chattels of such prosecutor or informer, or plaintiff in the cause, upon applicatiou to the clerk of the court where the cause has been tried.
290, Sec. vi. Be it further enacted, &c. That every captain or commanding officer of a company or beat, who shall fail and neglect at every muster of his company, to prick off* and make Penalty for out proper lists of patrol detachments in his said company, and ing a leader. appoint to such detachments a leadert or proper officer as by the patrol law he is required to do, shall, for such default, in addition to such fine as is by the said patrol law imposed for such neglect, forfeit the sum of eight dollars, to be recovered against him on information before any justice of the peace, the said fine to go to the informer.
ACT of Dec. 19, 1809. Pamphlet edit. 35. 291. Sec. v. And be it enacted, &c. That in future, all fines to be imposed for neglect of patrol or militia duty generally, in every company, battalion, regiment or brigade, shall be collected as follows, viz.-by such person or persons as the majors, lieutenant colonel or commanding officer of regiments or brigades shall appoint to collect the same within their respective commands, and that the said person so to be appointed to collect said fines, shall be allowed a percentage or the monies to be collected by them respectively, not exceeding ten per cent., and that it shall be the duty of the senior officer presiding at a court martial, to furnish the collector so to be appointed, with a list of fines imposed by such court, within fifteen days after the said court shall have imposed the same, and that the said collector shall within thirty days after receiving such lists, notify to each delinquent Collector 40 the amount of his fine, and require the payment of the same,
and if the said delinquent so to be notified of his fine, shall neglect to pay the same, for the space of fifteen days after such notification, the said collector shall issue an execution and may arrest Collector to thereunder the body of the said delinquent for satisfaction of said issue execufine, unless the said delinquent shall point out sufficient property which can be levied on for satisfaction of said fine, so to be imposed; and that it shall be the duty of the several tax collectors in this state on the reasonable request of any commanding officer in to inform corthe militia or of any collector of militia fines, to discover and lector, the make known the amount of the last general tax of any defaulter tax of each liable to be fined as aforesaid; Provided always, that every noncommissioned officer or private, who may conceive himself ag
*The fine for neglecting to prick off, altered by A. A. 18th Dec. 1819, section 3d. See No 297.
This duty to be performed before the company leaves the place of muster. See section 5th, act 17th June, 1746, Grimke's Public Laws, p. 205.
grieved by the sentence of any court martial, shall have a right to appeals. appeal from the same, within fifteen days after being notified of
the fine imposed, to the field officers of his regiment, and the determination of a majority of the field officers of such regiment, shall be conclusive on the subject submitted to them.
292. Sec. vi. And be it enacted, &c. That all officers ordering courts martial, or authorised by law to approve courts martial,
within their respective commands, shall, as often as they may Collector to account for think proper, and once in every year at least, compel the collecfines and pay tor or collectors of fines as aforesaid, and all others who may
have received or collected fines for neglect of patrol or militia duty, to come to an account and reckoning, and pay over the said fines so collected, to be applied according to law.
ACT of Sept. 24, 1813. Pamphlet edit. 9. 293. Sec. XII. And be it enacted, &c. That all fines and penalties (except such as are otherwise provided for by this act),
now incurred or which hereafter may be incurred or imposed for How fines neglect or default of patrol or militia duty, (except in the parishes
of St. Philip and St. Michael), may be collected in the following in parishes of manner, to wit., by warrant under the hand and seal of the capSt. Michael. tain or other commanding officer of the company, or by the pre
siding officer of the court martial by which the fine is imposed, which said warrant may be directed to any sergeant of the company to which the delinquent belongs, commanding him to levy and collect the said fine or fines; and the said sergeant is hereby authorised and required, under the penalty of twenty dollars, to call on every delinquent who shall be named in such warrant or in a schedule or list to the warrant annexed, and to demand payment of the said fine or fines, and on neglect or refusal to make such payment after demand thereof so as aforesaid made, then the sergeant having the aforesaid warrant, is hereby required forthwith to proceed to collect the said fine or fines, together with such costs as are received by constables in small and mean
may be col
Captain to issue warrant.
Form of warrant.
294. Sec. xul. And be it enacted, &c. That the form of the warrant to be issued by the captain or commanding officer of the company, or the presiding officer of the court martial for the collection of the fines aforesaid, shall be as follows :
The State of South-Carolina. Whereas the persons named in the schedule or list hereunto annexed, have been duly sentenced by a court martial to
the sums to their names affixed : this warrant therefore authorises and requires you to levy and sell of the goods and chattels sufficient to pay the fine and costs which have been adjudged against him, and pay over the fines aforesaid, to the proper officer. Given under
A. B., Captain. [L. s.] And, that if the said person to whom the said warrant shall be directed, shall make return that he cannot find any goods and