the age or ability of any person to bear arms, shall be determined by the captain or commanding officer of the company, with a right of appeal by the person who may think himself aggrieved, or by any other person belonging to the company, to the lieutenant colonel or commanding officer of the regiment.

ACT of Dec. 17, 1808. Pamphlet edit. 56.

moving out

his name in

to.

127. SEC. XIV. And be it enacted, &c. That all persons en- Person rerolled in any company of militia of this state, who shall or may of company remove out of the company beat or precinct, or settle or reside beat to enrol for the space of three months in any other part of this state, and the beat he who shall not enrol his name and do ordinary militia duty in the removes inplace or precinct to which he may so remove and remain for the time above mentioned, or any longer space of time, shall be liable to be fined as a defaulter, in case the company in which his name is enrolled, has performed military duty during such his absence. [See No. 88.]

EXEMPTS.

ACT of May 10, 1794. 1 F. L. 320.

128. SEC. XXIII. And be it enacted, &c. That persons of the following professions and descriptions, shall be excused from militia duty except in times of invasion or alarm, viz:-the lieutenant governor for the time being, the members of both branches of the legislature and their officers, the judges, commissioners, registers and clerks of the several superior courts of law and equity and county courts, the commissioners of the treasury and their clerks, the secretary of this state and his deputies, the attorney general, the three circuit solicitors, the surveyor general and his deputy, residing either in Charleston or Columbia, the ordinaries and registers of the several districts, the sheriffs and gaol keepers in the several counties and districts, all continental officers who were deranged or who served to the end of the war, all regular clergyinen of any sect or denomination, all persons holding any office or commission under the United States, all regular-bred practicing physicians and surgeons, all school masters who shall have under their tuition not less than fifteen scholars, all students at school or at college, the intendant and wardens of Charleston and Camden, their treasurers and the officers of their courts, all branch pilots for the several ports, one white man to each established ferry or toll bridge, one white man to either water, grist mill, wind mill, fulling mill, or oil mill, three white men to each forge and five to each furnace erected or to be erected at any iron mine or mines in this state, who shall constantly reside and work at the same, and all persons under the age of 18 and above the age of 45 years, and all militia officers who have held their commissions for seven years.

ACT of Dec. 19, 1795. 2 F. L. 36.

ers, &c. of

129. SEc. v. And be it enacted, &c. That the overseers, toll Toll receiv receivers, lock keepers and white labourers employed or to be

Santee Canal
Company.

employed by the Santee canal company, be exempt from doing militia duty at any time hereafter except in times of alarm.

2 F. L. 82.

130. SEC. IV. And be it enacted, &c. That the said powder receivers [i. e. the powder receivers of Georgetown and Beaufort] shall also in consideration of the said services be exempt from all militia duty.

ACT of Dec. 20, 1800. 2 F. L. 362.

131. SEC. VI. And be enacted, &c. That all persons acting as Fire Masters. fire masters or enrolled in any department under them shall on ordinary musters be exempt from the performance of militia duty.

Officers of

ACT of Dec. 20, 1810. Pamphlet edit. 36.

132. SEC. XIII. And be it enacted, &c. That the president, Union Bank, cashier and clerks employed in keeping the books of the Union State Bank, Bank of South-Carolina, the State Bank and the South-Carolina Bank, shall and are hereby declared to be exempted from the performance of militia duty.

& Bank of S. Carolina.

Hill's Bridges.

Officers of

Mechanics'

133. SEC. XIV. And be it enacted, &c. That this act shall be in force for twenty-one years and no longer.

ACT of Dec. 20, 1810. Pamphlet edit. 40.

134. SEC. XII. And be it enacted, &c. That the keepers of the bridges and causeways erected by J. Hill, between Beck's ferry and Tunbridge, shall be exempted from serving in the militia of this state.

ACT of Dec. 21, 1811. Pamphlet edit. 38.

135. SEC. v. And be it enacted, &c. That the president, cashPlanters' and jer and clerks employed in keeping the books of the Planters' and Mechanics' Bank of South-Carolina, shall and are hereby declared to be exempted from the performance of ordinary militia duty.

Bank.

136. SEC. II. And be it enacted, &c. That from and immeJustices of diately after the passage of this act, no notary public, justice of exempt. the quorum or justice of the peace, shall be exempted from the performance of patrol or militia duty required by law.

the Peace not

of Charles

ton.

137. SEC. I. Be it enacted, &c. That from and after the passing of this act, so much of the militia laws of this state shall City Guard be and is hereby repealed, as imposes a fine or fines on any member of the city guard of Charleston, so long as said members so continue, and until discharged from the said guard, notwithstanding such members of the guard may be residents in the militia beat: Provided, that the city guard of Charleston shall at no time consist of more than one hundred rank and file, and this act may in the above case be specially pleaded,

ACT of Dec. 18, 1813. Pamphlet edit. 36.

the State of

138. SEC. XI. And be it enacted, &c. That the president, Officers of cashier and all other officers of the Bank of the State of South- the Bank of Carolina and the branch thereof, shall be exempted from the s. Carolina. performance of militia duty.

Pamphlet edit. 29.

ACT of Dec. 19, 1816. 139. SEC. II. And be it enacted, &c. That the overseers, toll Toll keepers keepers, lock keepers, and white laborers employed or to be em- of Winyaw ployed by the said company [Winyaw and Wando canal company], be exempt from doing militia duty at any time hereafter, ny. except in times of alarm.

and Wando canal compa

discount and

140. SEC. 1. Be it enacted, &c. That the president and cash- Officers of ier of the Office of Discount and Deposit in Charleston, and the the Office of clerks employed in said office, shall be and they are hereby de- deposit. clared to be exempted from the performance of ordinary militia duty and from serving on juries.

ACT of Dec 16, 1818. Pamphlet edit. 57.

the branches

of the State

141. SEC. 1. And be it enacted, &c. That the presidents and Officers of cashiers of the several branches of the Bank of the State of South of the Bank Carolina and the clerks employed in the same, shall be and they of S. Caroliare hereby declared to be exempted from the performance of or- na. dinary militia duty and from serving on juries.

ACT of Dec. 20, 1820. Pamphlet edit. 27.

142. SEC. II. And be it enacted, &c. That the said officers and Vigilant fire members of the Vigilant Fire Engine Company of Charleston, engine comshall be and they are hereby in times of peace exempted from performing ordinary militia duty, either at general or petty mus

ters.

ACT of Dec. 18, 1824. Pamphlet edit. 48.

pany.

143. SEC. XIV. And be it enacted, &c. That there shall be ex- Shepherds. empted from the performance of militia, patrol and road duty, one shepherd for every 200 sheep, two shepherds for every 400 sheep, and so on in the same proportion for any greater number.

FERRY.

ACT of Dec. 21, 1792. 1 F. L. 282.

144. SEC. XLVI. And be it further enacted, &c. That the president of the United States and his suite, the governor and commander in chief of this state for the time being, members of both who are exbranches of the legislature coming to attend and returning from empt from ferriage. the legislature, all ministers of the gospel and other persons going to attend and returning from divine service, all persons necessarily attending on patrol or militia duty, all persons in times of alarm in the part of the state in which such ferries are situated,

all expresses to and from this government, their servants and horses, &c. &c. be and they are hereby exempted from paying any ferriage, toll or duty, for passing or re-passing any of the ferries or bridges established by this act.

ACT of Dec. 19, 1807. Pamphlet edit.

145. SEC. XXV. And be it enacted, &c. That the keepers of all private ferries usually putting over passengers for hire, shall be Private fer obliged to pass over free of charge or expense, all such persons as are by law exempted from the payment of ferriage at ferries established and allowed by act of the legislature.

ries.

colonel and

major.

ACT of Dec. 17, 1813. Pamphlet edit. 74.

146. Sec. xxxIII. Be it enacted, &c. That all persons necessarily attending on patrol or militia duty, be and they are hereby exempted from paying any ferriage, toll or duty, for passing or repassing any of the ferries or bridges established by law.

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

147. SEC. IV. And be it enacted, &c. That the managers of Managers of elections for elections for colonels and majors as aforesaid, shall be exempted from paying any ferriage or toll which is usually paid at the ferries and toll bridges within the state while going to or returning from the places for holding and declaring the elections as aforesaid, any law, usage or custom to the contrary notwithstanding. ACT of Dec, 20, 1823. Pamphlet edit. 38.

Penalty for

persons ex

empt.

148. SEC. XVI. And be it enacted, &c. That all persons who demanding are now exempted by law from paying toll or ferriage at any ferferriage from ry or bridge now established in this state, shall be and they are hereby declared to be freed and exempted from the toll or ferriage at any bridge or ferry established by this act, and that if the owners, keepers or proprietors of any of the said bridges or ferries shall insist on or compel by threats or other means, or receive the payment of toll or ferriage from any person or persons so declared to be exempted from the payment of the same, or a greater sum than is allowed by law, that such person or persons guilty of such exaction or reception, shall be subject and liable to a forfeiture of ten dollars for the use of the person or persons illegally paying the same, to be recovered by warrant under the hand and seal of any justice of the peace or quorum in this state, living in the district or districts adjoining said ferry where such exaction or illegal reception shall or may be made as aforesaid.

Exemptions at the toll gates on state road.

ACT of Dec. 17, 1824. Pamphlet edit. 43.

149. SEC. VIII. And be it enacted, &c. That the following exemptions from tolls and no other, shall be granted at each of the said toll gates, that is to say-the army of this state, of our sister states and of the United States, while marching on duty in time of war, together with their horses, teams and carriages loaded with provisions, baggage and munitions of war; and every person travelling in the performance of any civil or military du

ty who receives no salary, emolument or reward therefor, with not more than one servant and a carriage and two horses.

ACT of Dec. 17, 1827. Pamphlet edit. 24.

What ex

shall always

bridges, &c.

150. SEC. XXXVIII. Exemption from the payment of toll at every bridge, ferry and turnpike road hereafter chartered, shall be granted to every regularly ordained or licensed minister of emptions the gospel, to every member of the legislature going to and re- be granted at turning from its sitting, and all other persons going to and re- ferries, turning from divine service, and to every person travelling in the performance of any civil or military duty for which he receives no salary or reward. In time of war or insurrection, troops with their baggage, artillery and munitions of war, exclusively in the service of this state, shall pass every bridge, ferry and turnpike road, at one half of the established. toll or ferriage.

FINES.

ACT of May 10, 1794. 1 F. L. 316.

ders while

Departing from colours.

151. SEC. XVIII. And be it enacted, &c. That every noncommissioned officer and private who shall neglect or refuse to Disobedi. obey the order of his superior officer while under arms, shall for- ence of or. feit a sum not exceeding one pound, for every such offence, and under arms. if any such non-commissioned officer or private enrolled to serve in either the companies of artillery, infantry or cavalry, shall refuse or neglect to perform such military duty or exercise as he shall be required to perform, or shall depart from his colours or guard without the permission of his superior officer as aforesaid, he shall forfeit a sum not exceeding one pound, and for the non-payment thereof, the offender shall be committed by warrant from the captain or commanding officer of the troop or company then present, to which such offender doth belong, or under whose command he may be, to the next gaol, there to be confined until the fines as aforesaid, together with the gaoler's fees are paid; and the respective sheriffs of the city and respective districts and counties of this state are hereby empowered and required to receive the body or bodies of such offender or offenders, as shall be brought to them by virtue of a warrant or warrants under the hand and seal of such officer as aforesaid, and him or them to keep in safe custody until such fines as are mentioned in such warrants together with the gaoler's fees as aforesaid, shall be paid; and the sheriffs and gaolers respectively shall be allowed the same fees as are allowed in other cases; Provided, that the person so confined shall at the end of five days or any shorter time for which they may have been committed, be released on their swearing that they are unable to pay the fines and fees herein before directed to be paid.

Fines to be paid over to

152. SEC. xx. And be enacted, &c. That all fines which shall be imposed in any regiment, corps, company or troop, shall be paid into the hands of the paymaster or person acting as such, of ters.

the paymas.