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ACT of Dec. 21, 1822. Pamphlet edit. 56.

to be sold to

49. SEC. VII. And be it enacted, &c. That the governor and commander in chief be and he is hereby authorised and empow- Governor to ered to cause to be sold to any of the militia of this state, any of cause arms the arms belonging to the state, in any of the public arsenals, at the militia. such price as the said arms may have cost the state, and the governor is hereby authorised to lay out the money received for the sale of any arms as aforesaid, in the purchase of other arms. [See No. 213.].

ARSENAL.

ACT of Sept. 24, 1813. Pamphlet edit. 12.

Arms and

removed in

50. SEC. XVII. And be it enacted, &c. That the commander in chief for the time being, shall have authority to remove to some temporary place of safety and deposit, such portion of the military arms, ammunition and military stores, at any time deposited in stores to be the public arsenals of the state, as circumstances may appear to time of danrequire, and when necessary in his opinion, to provide and fur- ger. nish sufficient guards to protect the public arsenals, until it be found expedient to call out into public service, detachments of the militia, on whom this duty may in part devolve.

Governor to

senals.

51. SEC. XVIII. And be enacted, &c. That it shall be the duty of the governor and commander in chief for the time being, from time to time to examine or cause to be examined by some pro- examine ar per officer, the situation of the respective arsenals throughout the state, to require security from the arsenal keepers, and to remove them for negligence or other improper conduct, or incapacity of performing the duties devolving on them as such, and to appoint, in cases of removal, other persons to supply the vacancies thereby created.

ACT of Dec. 16, 1815. Pamphlet edit. 19.

Brigade

and inarse

52. SEC. xv. And be it enacted, &c. That it shall be the duty of the brigade quarter masters within the limits of whose brig- quarter mas ades arsenals are or shall hereafter be established to visit and in- ter to exam. spect the same at least once in every year, and to report to the spect quarter master general thereon, and that the said several arsenal keepers within the state, shall each receive an additional compensation of $100 per annum, and shall give bond to the quarter master general for the faithful performance of their du

ties.

ARTILLERY.

nals.

ACT 34th of George II. A. D. 1760. Simpson's Justice, 158. 53. An act for establishing and regulating the artillery company which was formed out of the militia of Charleston, enacts, "That the artillery company formed out of the militia of Charleston, my of Company consisting or to consist, of a captain, captain lieutenant, a first tablished in and second lieutenant, three lieutenant fire workers, four sergeants and not exceeding one hundred private men, to be classed and

Charleston.

ancient bat

tillery estab

Fished.

distinguished by bombardiers, gunners and matrosses, in such numbers, and to serve by rotation in such numbers and to serve by rotation in such manner, as the captain of said company shall direct, which said company is established and declared to be a separate and distinct company, any thing contained in the act for better regulating the militia of this province to the contrary hereof in any wise notwithstanding.

ACT of March 28th, 1778.

SEC. XXIV. And whereas it is necessary for the service and defence of this state, that the present artillery company in Charleston established by law, be augmented to a battalion to consist of three companies in manner as hereinafter mentioned, Charleston Be it therefore enacted, that immediately after the passing of this talion of ar. act, there shall be three companies of artillery in Charleston, to be raisied out of the militia of the said town, which three companies shall constitute a battalion of artillery, to which battalion of artillery there shall be one major commandant, three captains, three captain lieutenants, three first lieutenants, three second lieutenants, one adjutant, one surgeon and assistant, one quarter master, twelve serjeants, six drummers, six fifers, and two hundred and twenty-five rank and file; which battalion, so constituted, shall be under the same rules and regulations as are established by any actor acts of the general assembly passed for establishing the presentartillery company, in all respects whatever, and such further regulations established for the government of the militia of this state, by this act, so far as the same relate to the artillery of Charleston.

Second battalion of artillery in

Charleston formed.

formed.

officered.

ACT of Dec. 16, 1797. 2, F. L. 141.

54. SEC. VIII. And be it enacted, &c. That the company of artillery attached to the 28th regiment, the company attached to the 29th regiment, and the company attached to the 30th regiment of infantry,* shall form one battalion; and the said battalion, together with the Charleston battalion of artillery, shall form one regiment.

55. SEC. IX. And be it enacted, &c. That the said regiment Regiment of artillery shall be commanded by a lieutenant colonel, and each how to be of the said battalions by a major; and the governor or commander in chief shall be and he is hereby authorised to commission in common form, the first officer in rank in the said regiment, as lieutenant colonel thereof, and the second and third in seniority, as majors of the battalions, who shall take rank according to the dates of their commissions.

Captains of artillery

to

56. SEC. x. And be it enacted, &c. That throughout the othbe attached er parts of the state, the captains of artillery shall be attached to to the battal- the battalion in which they reside respectively, and rise in the they reside. same with the other officers, according to the dates of their com

ion in which

-colonel of

missions.

Lieutenant 57. SEC. XI. And be it enacted, &c. That the said lieutenant cavalry and colonel of cavalry, and the said lieutenant colonel of artillery,

*This altered to the Federalist artillery company.

shall take rank and promotion together with and in the same artillery how manner as the other lieutenant colonels of this state; Provided to take rank. nevertheless, that no officer to be appointed by virtue of this act, shall take rank and precedence over any officer of infantry of the militia of this state, of the same grade, except by seniority of commission.

ject to the

laws as the

58. SEC. XII. And be it enacted, &c. That the officers and men of the cavalry and artillery throughout this state, shall be To be subsubject to the same laws, rules and orders, as the officers and same rules & men of the infantry of this state are or shall be subject to; Pro- infantry. vided always nevertheless, that nothing contained in this act shall be construed to affect the rights and privileges of the ancient battalion of artillery in Charleston, as secured to them by their charter, or by any other law or regulation.

ACT of Dec. 20, 1800. 2 F. L. 364.

Charleston

59. SEC. XII. And be it enacted, &c. That the fines which Fines of the regiment of have been or may hereafter be collected in the ancient battalion artillery n of artillery in Charleston, under the authority of the mllitia laws how to be of this state, from the commissioned and non-commissioned offi- applied. cers and matrosses of the said battalion, shall and may be applied exclusively to the uses and purposes of the said battalion; and the fines collected as aforesaid in the second battalion of the regiment of artillery in Charleston, shall and may be applied exclusively to the uses and purposes of the said second battalion.

*

ACT of Dec. 19, 1807. Pamphlet edit. 41.

Federalist artillery

company.

60. SEC. I. Whereas by the eighth section of the act afore- *Act 16th said, it is enacted that the company of artillery attached to the Dec. 1797. 28th regiment, the company attached to the 29th regiment, and the company attached to the 30th regiment of infantry, shall form one battalion, and the said battalion, together with the Charleston battalion of artillery, shall form one regiment; and whereas no such company as is stated in the said act to be attached to the 30th regiment of infantry did or does exist; and whereas the governor and commander in chief for the time then being, did permit to be raised a company of artillery, by the name of the "Federalist artillery company," pursuant to the act of congress in such case made and provided, and did duly commission the officers thereof, which company hath ever since acted with the said regiment of artillery as a company of the battalion aforesaid, formed by the act aforesaid, commonly called and known as the second battalion of the said regiment of artillery: Be it therefore enacted by the honorable, &c. that the said company of To be atartillery called the "Federalist artillery company" be and the Charleston same is hereby attached to the said regiment of artillery as one of regiment of the companies of the said second battalion of the said regiment, and that the officers thereof shall in all cases take and be entitled to rank in the said regiment and the militia of this state, according to law and the dates of their commissions.

tached to

artillery.

61. SEC. II. And be it enacted, &c. That if at any time hereafter it shall happen that one or more of the companies forming the said second battalion of artillery, shall be dissolved or otherwise legally cease to exist, it shall and may be lawful to and for Governor the governor or commander in chief for the time being, to raise, to raise other or cause or permit to be raised, one or more companies as the corps. vacancies of the said second battalion of artillery may require,

Charleston

talion

ed of their

privileges.

and to commission the officers thereof according to law, which company or companies as the case may be, shall be attached to and form a company or companies as the case may be, of the said second battalion of artillery, in the room and stead of any company or companies so dissolved or ceasing to exist, so that the said battalion may always be kept entire.

62. SEC. III. And be it enacted, &c. That so much of the said act concerning the cavalry and artillery of this state, passed 16th Dec. 1797, as is repugnant to this act, be and the same is hereby repealed.

ACT of Dec. 16, 1815. Pamphlet edit. 18.

63. SEC. XII. And whereas the Charleston ancient battalion of artillery are now entitled to or do assume certain exclusive priviancient bat leges from which other military corps are excluded, Be it enacttillery divested, &c. That the said Charleston ancient battalion of artillery shall be, and they are hereby divested of all exclusive privileges, and put upon an equality with the other militia companies and battalions of this state; Provided, the captain lieutenants now in. commission shall retain their commissions, but when vacancies hereafter occur in said offices, no election shall be held nor rise by seniority to supply said offices, but the office of captain lieutenant shall be abolished.

Battalion

ACT of Dec. 18, 1818. Pamphlet edit. 41.

64. SEC. III. And be it enacted, &c. That the battalion of arin general tillery formed by an act of the general assembly of the year 1797, ade dissolve of the three companies of artillery then in brigadier general Winn's brigade, be and the same is hereby dissolved.

Winn's brig

ed.

have the

ACT of Dec. 19, 1820. Pamphlet edit. 7.

65. SEC. I. Be it enacted, &c. That from and after the pass. ing of this act, the several artillery companies in this state shall Artillery to have the same compliment of officers as are now required by law in the companies of artillery in the service of the United States, to wit, each company of artillery in this state shall consist of one are required captain, one first lieutenant, one second lieutenant, and one third lieutenant.

same com

plement of officers as

in the U. S. army.

66. SEc. II. And be it enacted, &c. That immediately after the passing of this act, elections shall be ordered and held in the same manner, already prescribed by law, for the purpose of filling the office of third lieutenant in each and every company of artillery in this state.

unteer com

lery.

ACT of Dec. 17, 1824. Pamphlet edition, 64. 67. SEC. II. And be it enacted, &c. That the Beaufort volun- Beaufort vol teer company of artillery be and the same are hereby exempted from attending any regimental reviews, provided the said com- pany of artil pany in addition to the days and times now required by law, do on the days and times which the regiment to which the said company is now attached, shall parade for review and exercise, and also assemble at the usual muster ground of said company for drill, exercise and instruction, and Provided also, that the members of said company shall at no time exceed sixty-four men rank and file. [See No. 110.]

BRIGADE MAJOR.

68. See Nos. 18, 37, 76, 244.

CASHIERING OF OFFICERS.

ACT of Dec. 20, 1800. 2 F. L. 361.

ders of supe

69. SEC. 1. Be it enacted, That every commissioned officer of the militia of this state, or any part thereof, who shall be tried Disobedi and found guilty of disobeying the lawful order or orders of his ence of orsuperior officer, shall be liable therefor to be cashiered by sen- rior officer. tence of a court martial, if the same shall be approved of, and the officer ordered to be cashiered by the commander in chief of this state.

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discharge

70. SEC. I. Be it enacted, &c. That from and after the pas- Officers insing of this act, every officer of the militia of this state who shall competent to be declared by the sentence of a court martial to be incompetent their duties. to discharge the duties of his station, shall be cashiered; Provided, every officer after charges exhibited, shall be at liberty to resign. The said courts martial to be ordered by the officers commanding battalions, regiments, brigades and divisions respectively, and on major generals by the commander in chief.

iered dis

from holding commission.

71. SEC. IV. Be it enacted, &c. that every officer who shall hereafter be cashiered by the sentence of a court martial, shall be Officers cashdisqualified from holding any commission in the militia, for a qualified period not less than one year nor more than five, at the discretion of the court; and no officer who shall hereafter resign his commission shall be re-eligible to the same office until it shall have been filled by some other person.

not enforc.

72. SEC. VI. And be it enacted, &c. That every officer whose duty it shall be to enforce the militia laws of this state, who shall Penalty for wilfully neglect so to do, shall on conviction be cashiered, and ing militia courts martial shall be ordered as in other cases. [See No. 103.]

CAVALRY.

ACT of Dec. 16, 1797. 2 F. L. 139.

laws.

To be ar

73. SEC. I. And be it enacted, &c. That the cavalry of this raged into state shall be arranged into squadrons and regiments as follows: regiments The several troops now raised and hereafter to be raised in the rons.

and squad

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