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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.]
No civil pro91. Sec. xvi. And be it enacted, &c. That no civil officer cess to be exwhatsnever shall on any pretence execute any process (unless in 24 hours for treason, felony, or breach of the peace) on any person what
discharged 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
troop horse 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. 92. Sec. III. And be it enacted, fc. That no civil officer When called
out and emwhatsoever 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. · 93. SEC. IV. And be it enacted, &c. That the estate of any person whatsoever, when such person shall be called out and berson called
Estate of embodied in pursuance of the directions of this act, shall be free out free from
distress, levy 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
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.
take oath after their election.
COLLECTOR OF FINES. 94. [See Nos. 157, 159, 186, 187.]
ACT of Dec. 19, 1794. 1 F. L. 354. Officers to
95. SEC. VII. 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.
"İ, 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 tbe 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.
ACT of Dec. 20, 1800. 2 F. L. 362. 97. SEC. IV. And be it enacted, &c. That the commission
of every captain of any troop of cavalry, or company of artilleCommission to be null & ry or infantry, shall be null and void to all intents and purposes, Xoide for nec. who hereafter shall refuse or neglect for the space of six months,
in immediate succession, to muster his troop or company, as the case may be.
glect to muster.
Commissioners to lay out company lines in regi. ment.
CONSOLIDATION AND EQUALIZATION OF
hereby appointed commissioners, to ascertain, lay out and estab29th Regti lish the company beat lines within the said* regiment.
ACT of Dec. 21, 1822. Pamphlet edit. 55. 99. Sec. 1. 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- Church and dated into one..
100. And be, it enacted, That Thomas Gaillard, Thomas Porcher, Jun. ; PeterBroughton, Pbilip Porcher, and Samuel Dividing 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, John's Berk: 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.]
How brigadier general
How a col.
COURT MARTIAL. 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 a 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 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 How no tried by not less than three commissioned officers. *
ed officers & Each member of a court martial is hereby enjoined to take privates to the following oath or affirmation.
“I do swear or affirm (as the case may be) that I will not be 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 the cake oath. 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 app 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.
The governor or commander in chief shall appoint courts mar- Major genetial on general officers. The major generals shall appoint divi- division sion courts martial in their respective divisions. The brigadier bei generals shall appoint brigade courts martial in their respective brigade
courts. brigades. The lieutenant colonels shall appoint' regimental courts martial in their respective regiments; and the majors, Colonel 10 battalion courts martial in their respective battalions, and no mentalcourts sentence of a court martial shall be put in force, without the
rappoint court martiai on
courts and brigadier
lieut, col and majors battaton courts.
Court of enquiry how ordered.
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. Additional 104. Sec, 1. And be it enacted, &c. That the members of oath to be every court martial hereafter to be held in this state, as well on members of officers as noncommissioned officers and privates, shall in addicourt martial tion to the oath now prescribed* by law, severally swear, “That
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.”
105. Sec. 11. 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
106. Sec. . And be it enacted, &c. That no appeal Appeal from shall hereafter be made from courts martial, imposing fines on courts mar- 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 mai tial stitute a battalion court martial, or court of inquiry, that a field 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.]
tial, how made.
ganization of the militia
to be elected on organiza
ELECTIONS. . .
Legislature 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
brigadier ge. act, shall chose by ballot the major generals, brigadier generals nerai, on orand adjutant general.
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
How colonels part of the regimental district, for the election of a lieutenant and majors colonel and two majors; and shall appoint proper persons to open to and 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 organiza
tion of the pany, 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
Artillery, càeffective rank and file, it shall be lawful for such company to valry aná meet and vote for their officers, and the persons duly elected by volunteer
companies to a majority of votes, shall retain their commissions, or be com- vote for their
own officers. missioned by the governor, as the case may be, to such grade, o 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. iii. Sec. V. And be it enacted, &c. That in case of any con
Cases of tested 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 low
settled. 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,