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of three months, to hold themselves in readiness to parade in case of alarm from fire, and if any officer, noncommissioned officer or soldier so ordered, shall fail to attend at his muster ground, in cases of alarm, he shall be subject to the same fines as are imposed by law for nonattendance at regimental musters [See Nos. 155-197.]

CIVIL PROCESS.

ACT of May 10, 1794. 1 F. L. 314.

No civil pro

ecuted with

discharged

91. SEC. XVI. And be it enacted, &c. That no civil officer cess to be exwhatsoever shall on any pretence execute any process (unless in 24 hours for treason, felony, or breach of the peace) on any person what- after person soever, at any muster or other time when such person shall be from muster. obliged to bear arms, in pursuance of the direction of this act,nor in going to or returning from any muster or place of rendezvous, or within twenty-four hours after such person shall be discharged from appearing in the regiment, company or troop, to which he shall belong, under the penalty of £5 sterling, and the service of any such process shall be void to all intents and purposes whatsoever, and all arms and accoutrements which by this act are required to be provided; also the troop horse of each trooper duly entered Arms and and registered with the captain of the troop, so long as the said not liable to trooper shall continue in the troop, shall not be liable to be seiz- be seized or ed, distrained, or taken in execution for any cause, matter, or thing whatsoever, and in case any person shall seize, levy or distrain upon any such arms, accoutrements, or horse, every such person shall forfeit the sum of £10 sterling money, to be recovered in any court of record in this state.

ACT of Sept. 24, 1813. Pamphlet edit. 6.

troop horse

distrained.

out and em

to be execut

92. SEC. III. And be it enacted, &c. That no civil officer When called whatsoever shall, on any pretence execute any process (unless bodied, no for treason, felony, or breach of the peace) on any person what- civil process soever, when such person shall be called out into service, and ed. embodied by the executive authority of this state, in pursuance of the directions of this act, or within thirty days after such person shall be discharged from the service, upon which such person shall be called out, under the penalty of twenty dollars; and the service of any such process shall be void to all intents and purposes whatsoever, and that all suits which may be pending against such persons, shall stand, and be continued over in the same manner as if they had been regularly postponed by affidavit.

Estate of person called

distress, levy

93. SEC. IV. And be it enacted, &c. That the estate of any person whatsoever, when such person shall be called out and embodied in pursuance of the directions of this act, shall be free out free from and exempt from levy, distress, or sale, by virtue of any legal or sale. process whatsoever, from the time any such person shall be called out as aforesaid, and until thirty days shall elapse after such person shall be discharged from the service upon which such

Officers to take oath after their election.

Oath.

Governor to

person shall be so called out, and that any person making any such levy, distress, or sale, as aforesaid, shall be fined in the sum of twenty dollars, and every such levy, distress, or sale, as aforesaid, shall be void to all intents and purposes whatsoever.

COLLECTOR OF FINES.

94. [See Nos. 157, 159, 186, 187.]

COMMISSIONS.

ACT of Dec. 19, 1794. 1 F. L. 354.

95. SEC. VIII.

And be it enacted, &c. That every officer in the militia, shall within six months after the ratification of this act, or after he shall be elected or appointed, take the following oath or affirmation, before some justice of the peace, who shall certify the same on the back of his commission.

66

Í, A. B. do solemnly swear, (or affirm, as the case may be) that I will support and maintain to the utmost of my ability, the laws and Constitution of this State and of the United States." And every officer neglecting so to do, shall vacate his commission.

ACT of Dec. 16, 1797. 2 F. L. 143.

96. SEC. XVII. And be it enacted, &c. That the governor and commander in chief for the time being, be, and he is hereby auissue blank thorized to issue blank commissions to the lieutenant colonels of commissions the respective regiments; and the lieutenant colonels of the resers of regi- pective regiments, shall from time to time, as vacancies may occur in the said regiments, fill and issue commissions, and make return thereof to the brigadier.

to command

ments

Commission

ACT of Dec. 20, 1800.

97. SEC. IV. And be it enacted, &c.

2 F. L. 362.

That the commission of every captain of any troop of cavalry, or company of artilleto be null & ry or infantry, shall be null and void to all intents and purposes, who hereafter shall refuse or neglect for the of six months, space in immediate succession, to muster his troop or company, as the case may be.

void for neglect to mus

ter.

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CONSOLIDATION AND EQUALIZATION OF
COMPANIES.

Resolution of Dec. 20, 1814. Pamphlet edit, 88.

98. Resolved, That Samuel Carr, Sen. Samuel Norwood, John Norwood, James Williams, Andrew B. Woods, Major Dan. Duboise, Hugh E. Lannore, and John Fruit, be, and they are hereby appointed commissioners, to ascertain, lay out and establish the company beat lines within the said* regiment. Pamphlet edit. 55.

ACT of Dec. 21, 1822. 99. SEC. I. Be it enacted, &c. That from and after the passing of this act, there shall be but one beat company in each

of the parishes of Christ Church and St. James', Santee, and Companies the two companies in each of the said parishes, shall be consoli- in Christ dated into one.

Church and
St. James',
Santee.

beat compa

John's Berk

100. And be it enacted, That Thomas Gaillard, Thomas Porcher, Jun.; PeterBroughton, Philip Porcher, and Samuel Dividing line Porcher, or any three of them, shall be, and they are hereby between appointed commissioners to alter the dividing line between the nies, in St. upper and lower beat companies in the parish of St. John's, ley. Berkley, for the purpose of making the said beat companies equal, and the said commissioners, or any three of them, after altering the said line, shall make a report of their proceedings in the premises, to the colonel, or other officer commanding the said regiment, in which the said companies are situated.

COURT OF APPEALS.

101. [See Nos. 106, 157, 219.]

COURT MARTIAL.

How major

ACT of May 10, 1794. 1 F. L. 318. 102. SEC. xxi. And be it enacted, &c. That a major gene- general to be ral shall be tried by a major general to preside, and four briga- tried. dier generals, but if the attendance of a major general cannot conveniently be procured, then by five brigadier generals, and in How brigadier general such case, the eldest of such brigadiers to preside; that a briga- to be tried. dier general shall be tried by one or more brigadier generals, and, How a col by four field officers; that a lieutenant colonel shall be tried by to be tried. an officer not under the rank of a lieutenant colonel, and four field officers; that a major shall be tried by an officer not under How major the rank of a field officer, and four officers not under the rank of a captain; that all the noncommissioned officers and privates be tried by not less than three commissioned officers. Each member of a court martial is hereby enjoined to take privates to the following oath or affirmation.

to be tried.

How noncommissioned officers &

be tried.

Members of

to take oath.

"I do swear or affirm (as the case may be) that I will not divulge the sentence of the court martial, until the same shall be court martiel approved or disapproved, neither will I upon any account, or at &c. any time whatever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to Governor to give evidence thereof by a court of justice in a due course of appoint court law. So help me God." And any member of the court is au- gen. officers. thorized to tender the above oath to the other members.

martial on

Courts and

courts.

The governor or commander in chief shall appoint courts marMajor general to appoint tial on general officers. The major generals shall appoint divi- division sion courts martial in their respective divisions. The brigadier brigadier generals shall appoint brigade courts martial in their respective brigade brigades. The lieutenant colonels shall appoint regimental courts martial in their respective regiments; and the majors, Colonel to appoint regibattalion courts martial in their respective battalions, and no mentalcourts sentence of a court martial shall be put in force, without the lieut. col and

majors battaion courts.

Court of enquiry how ordered.

Additional oath to be taken by

court martial

same be approved by the officer appointing the same, or by the commanding officer respectively for the time being.

103. SEC. xxii. And be it enacted, &c. That if the conduct of any officer shall be represented to the governor or commander in chief, or to either of the major generals of the divisions, brigadier generals of the brigades, or commanding officer of the detachment, to be so unmilitary and unbecoming an officer, as to deserve being cashiered, it shall be lawful for the governor and commander in chief, major general of the division, brigadier general of the brigade, or commanding officer of the detachment, as the case may be, to order a court of inquiry, and if on such court of inquiry, it shall appear that there is foundation for the charge, to have a court martial held, who shall make such order in the business, as they shall think consistent with military rules, provided nevertheless, that such court of inquiry shall never consist of less than three officers, one of whom at least to be of the rank of the person accused.

ACT of Dec. 16, 1815. Pamphlet edit. 13.

104. SEC. I. And be it enacted, &c. That the members of every court martial hereafter to be held in this state, as well on members of officers as noncommissioned officers and privates, shall in addition to the oath now prescribed by law, severally swear, they will well and truly try and determine the cases that shall be brought before them according to law, and the evidence that shall be adduced."

*See No. 102

Courts on

sioned offi

105. SEC. II.

"That

And be it enacted, &c. That courts martial non commis. on noncommissioned officers and privates, may hereafter be held cers & pri. by any three commissioned officers of the regiment to which they belong.

vates.

Appeal from courts mar

tial, how made.

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106. SEC. III. And be it enacted, &c. That no appeal shall hereafter be made from courts martial, imposing fines on noncommissioned officers and privates, unless the appellant shall accompany his appeal by an affidavit, that he could not attend the court by which he was fined, and that he does not appeal for the purposes of delay; in all other cases, the decision of every such court martial, shall when approved by the officer ordering the same, be final and conclusive.

ACT of Dec. 19, 1816. Pamphlet edit. 16.

107. SEC. IX. And be it enacted, &c. That from and after the passing of this act, it shall not be necessary in order to concourt martial stitute a battalion court martial, or court of inquiry, that a field

Battalion

how to be constituted.

officer should preside, but that the same may consist of a captain as presiding officer of said court, and four other commissioned officers of said battalion, one of whom, at least, shall be of the rank of captain. [See Nos. 69, 70, 71, 72, 170, 184.]

DRILL.

108. [See regimental drill, No. 218]

ELECTIONS.

ACT of May 10, 1794. 1F. L. 306.

Legislature

brigadier ge

109. SEC. II. And be it enacted, &c. That the legislature to choose on the first organization of the militia of this state, under this major and act, shall chose by ballot the major generals, brigadier generals neral, on orand adjutant general.

ganization
of the militia

How colonels

to be elected

and iieut. &c.

110. SEC. IV. And be it enacted, &c. That as soon as the respective regiments, battalions and companies are marked off and designated, the brigadier general of each district respectively, shall direct a regimental muster, as well of those men liable to do duty in time of alarm, as at common musters, to be held (giving at least fifteen days notice thereof) at the most central part of the regimental district, for the election of a lieutenant and majors colonel and two majors; and shall appoint proper persons to open on organizaand hold a poll from the hours of 9 o'clock in the morning to 5 tion of militia in the afternoon, for the election of the said officers respectively, and that the persons having the greatest number of votes as lieutenant colonel, shall be commissioned as lieutenant colonel; and the persons having the greatest number of votes as majors, shall be commissioned as majors of the respective regiments and battalions, and that the said brigadier general shall appoint proper persons in each company, who shall within five days after the said election of field officers, hold an election for a captain, lieute- How captain nant, and ensign, in each company, in manner aforesaid, and to be elected the persons having the greatest number of votes in each com- on organizapany, shall be commissioned as officers thereof, or retain their militia. former commissions, as the case may be, according to the grade, to which they shall severally be elected; provided always, nevertheless, that wherever there shall be any company of artillery, cavalry, or infantry, associated, uniformed, and in commission, which on the 20th day of June next shall consist of at least forty effective rank and file, it shall be lawful for such company to valry and meet and vote for their officers, and the persons duly elected by companies to a majority of votes, shall retain their commissions, or be com- vote for their missioned by the governor, as the case may be, to such grade, as they shall be respectively elected to, and that all other officers of the Charleston regiment, as well field as battalion officers, shall be elected by the regiment at large, and no person shall be considered as elected who shall not have a majority of the votes of the persons voting; provided, also, that the men composing the uniform companies, shall not be entitled to vote for the captains, lieutenants and ensigns of the other companies to be elected by virtue of this act.

tion of the

Artillery, cà

volunteer

own officers.

Cases of

settled.

111. SEC. v. And be it enacted, &c. That in case of any contested election, the validity of the same (in the election of field offi- contested cers) shall be referred to the brigadier general of the brigade, who election how shall call to his assistance two field officers of some other regiments of his brigade, not interested in the event of the dispute; and in the election of captains, lieutenants and ensigns-shall be referred to the field officers of the regiment to which they belong,

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