drums, &c. to such regiment, corps, company or troop, and to be paid and ap propriated by warrant under the hands of a major part of the field officers or commissioned officers of the corps, or captain or comColors, manding officer of the company or troop, as the case may be, for be provided. the purposes of providing colours, drums, bugles, fifes and trumpets, for their respective battalions, corps, companies and troops, and to carry expresses relative to military matters, and for the purchasing and providing arms and accoutrements for such of the men of the respective battalions, corps, companies and troops, as are or shall be unable to furnish and provide themselves therewith; Paymaster and that it shall be the duty of the paymaster or person acting as such, of each respective battalion, corps, company or troop, once in every year to render an account to the brigadier, or the officer commanding the brigade, of all his receipts and expenditures in pursuance of this act. to render account. Fine for re fusing to act ACT of Dec. 19, 1794. 1 F. L. 351. 153. SEC. IV. And be it enacted, &c. That if any person liaas sergeant. ble to do duty at common musters, shall be appointed a sergeant and refuse to do duty as such, he shall be fined in the sum of four pounds, but no person shall be obliged to act as sergeant more than one year at a time. committed to released. 1 F. L. 353. 154. SEC. VII. And be it enacted, &c. [The first part of this How person section relating to the mode of collecting fines, altered by sections prison for 12, 13 and 14 of A. A. Sept. 24, 1813.] Provided always, that fine may be the person so committed, shall at the end of a certain time, to be computed at the rate of one day for every three shillings and six pence he may be condemned to pay, be released upon swearing that he is unable to pay the amount for which he may be committed, and the fees herein before directed to be paid. [The last part relating to payment of fine, altered by A. A. Sept. 24, 1813.] ACT of Dec. 17, 1808. Pamphlet edit. 52. Colonel to pay for negfect to turn out. Major. Captain. 155. SEC. IV. And be it enacted, &c. That every lieutenant colonel who shall wilfully neglect to turn out at a regimental muster, shall be fined in a sum of forty dollars, and fifty per cent. on the amount of his last general tax; and that every major for a like neglect, either at a regimental or battalion muster, shall be fined thirty dollars, and also fifty per cent. on the amount of his last general tax; that every captain for a like neglect, shall be fined twenty dollars, and also a sum not exceeding fifty per cent. Lieutenant. on his general tax; that every subaltern officer for a like neglect shall be fined fifteen dollars, and also a sum not exceeding fifty per cent. on the amount of his general tax; and that every nonofficer and commissioned officer and private for a like neglect, shall be fined the sum of three dollars, and fifty per cent. on the amount of his Fincs for general tax; that every captain who shall wilfully neglect to turn out at any ordinary muster, shall be fined in the sum of six dollars, and also fifty per cent. on the amount of his general tax; that every subaltern officer for a like neglect, shall be fined in Non com. missioned private. ordinary musters. the sum of four dollars, and also fifty per cent. on the amount of his general tax, and that every non commissioned officer and private for the like neglect, shall be fined the sum of one dollar and fifty cents, and fifty per cent. on the amount of his general tax. 156. SEC. VII. And be it enacted, &c. That every clause and article in this act contained, shall be construed to extend as well to officers and privates of the cavalry, artillery and volunteer companies, as to the officers and privates of the infantry. ACT of Dec. 19, 1809. Pamphlet edit. 35. ed. Collector to quents. 157. SEc. v. And be it enacted, &c. That in future, all fines to be imposed for neglect of patrol or militia duty generally, in How fines every company, battalion, regiment or brigade, shall be collect- to be collect. ed 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 per centage on 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 notify delin court shall have imposed the same, and that the said collector shall within thirty days after receiving such lists, notify to each delinquent 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 Collector to may arrest thereunder the body of the said delinquent for satis- tion. faction of said fine, unless the said delinquent shall point out sufficient property which can be levied on for satisfaction of said Tax collector fine, so to be imposed, and that it shall be the duty of the several to inform coltax collectors in this state on the reasonable request of any com- amount of manding officer in the militia or of any collector of militia fines, defaulter. to discover and make known the amount of the last general tax of any defaulter liable to be fined as aforesaid; Provided always, that every non-commissioned officer or private who may con- Court of ceive himself aggrieved by the sentence of any court martial, appeals. shall have a right to 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. issue execu lector the tax of each account for 158. SEC. VI. And be it enacted, &c. That all officers ordering courts martial, or authorised by law to approve courts mar- Collector to tial, within their respective commands, shall as often as they may fines and pay think proper, and once in every year at least, compel the collec- over the tor or collectors of fines as aforesaid, and all others who may have received or collected fines for neglect of patrol or militia du same. lected except issue war rant. ty, 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. How fines 159. SEC. XII. And be it enacted, &c. That all fines and may be colt penalties (except such as are otherwise provided for by this act) in parishes of now incurred or which hereafter may be incurred or imposed for St. Philip & St. Michael. neglect or default of patrol or militia duty except in the parishes of St. Philip and St. Michael), may be collected in the following Captain to manner, to wit. by warrant under the hand and seal of the captain or other commanding officer of the company, or by the presiding 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 Form of warrant. causes. 160. SEC. XIII. 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 martin 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 pay 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 hand and seal, the — day of· my 18-. 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 chattels to be levied on, then the officer who issued the warrant Body of de- is hereby authorised and required to issue a warrant against the linquent may body of the delinquent, and take him to the common gaol, there to remain for such time as is already provided for by law,* unless the fine and costs may be sooner paid. [See Nos. 42, 59, 174, 175, 176, 177, 184, 186, 218.] be arrested. *See Nos. 151, 154. Free negroes FREE PERSONS OF COLOUR AND NEGROES. ACT of May 10, 1794. 1 F. L. 328. 161. SEC. XXXIII. And be it enacted, &c. That all free negroes and indians and indians (nations of indians in amity with the state excepted), to serve as moors, mulattoes and mestizoes, between the ages of 18 and 45 years, shall be obliged to serve in the said militia, as fatigue men fatigue men. in the several regiments in which they reside, and upon neglect or refusal to attend when summoned on duty, they, and every one of them, shall be liable to the like penalties and forfeitures as privates in the same regiment or company are made liable to by law. ACT of Dec. 20, 1800. 2 F. L. 365. No free ne. offensive 162. SEC. XIII. And be it enacted, &c. That no trumpeter or musician, being a negro, mulatto, mestizo or person of colour, gro to carry attached to any corps of cavalry, be permitted to be armed with weapon. any offensive weapon, unless in cases of alarm or of service on detachment. of of colour liable to fines. ACT of Sept. 24, 1813. Pamphlet edit. 11. 163. Sec. xvi. And be it enacted, &c. That all free persons colour, pioneers, fatigue men, musicians, trumpeters, buglers, Free persons drummers and fifers, attached to or liable to do duty in any company, troop or corps, shall be entitled to the same pay and be liable to the same fines and penalties and subject to the same rules and regulations, as the militia of this state are liable to. ACT of Dec. 20, 1823. Pamphlet edit. 63. No negro arms. 164. SEC. XIII. And be it enacted, &c. That no free negro or other free person of colour, shall carry any fire arms or other to carry fire military weapons abroad, except with a written ticket from his or their guardian, under pain of forfeiting the same, and being fined or whipt at the discretion of any magistrate and three freeholders, before whom he or they may be convicted thereof; nor gro to serve shall any free person of colour be hereafter employed as a pioneer, though he may be subjected to military fatigue duty when called on. No free ne as a pioneer. GEORGETOWN. 165. See Nos. 197, 235. GOVERNOR AND COMMANDER IN CHIEF. 166. See Nos. 43, 47, 48, 49, 50, 51, 96, 102, 217. INSTRUCTION. ACT of Dec. 19, 1809. Pamphlet edit. 34. 167. SEC. IV. And be it enacted, &c. That in consequence of the major generals and adjutant general of this state not having as directed by the 1st section of the militia law passed the 17th December last,* brought forward a system of uniform exercise *See No. 82 and evolutions for the training of cavalry; that the exercise and evolutions laid down and published by Hoyt, be now and Hoyt's syshereafter adopted, and none else, throughout the state, until the served by major generals and adjutant general do bring forward such uni- cavalry. form system as directed by the aforesaid act. tem to be ob Field exer noeuvres of be observed by infantry. ACT of Dec. 16, 1815. Pamphlet edit. 16. 168. SEC. IX. And be it enacted, &c. That the rules and regulations of the field exercise and manœuvres of infantry, comcise and ma- piled and adapted to the organization of the army of the United U. S. army to States, agreeably to a resolve of congress, shall hereafter be observed in the instruction and exercise of infantry within this state, and that every officer shall be furnished by the state with a copy thereof, and every such officer so furnished, shall be compelled upon the vacation of his commission to deliver over to his successor the said book, under the penalty of five dollars, to be recovered before any magistrate. Rifle treatise ed by rifle corps. REPORT of Dec. 9, 1822. Pamphlet edit. 94. 169. The military committee further report, That they have to be observ- had also under consideration, the petition of the rifle company of Chester district, praying that the rifle corps of the state should be furnished with the Treatise on the rifle discipline as adopted for the service of the United States, and also for copies of the martial law. The committee recommend that the prayer of the petition be granted so far as relates to the treatise upon the rifle discipline, but that so much as relates to the martial law be rejected. Offences of Federal be tried. INVASION AND INSURRECTION. ACT May 10, 1794. 1 F. L. 311. 170. SEC. XI. And be it enacted, &c. [The first part of this section altered by A. A. 24th Sept. 1813. See No. 181.]against rules Provided, that upon any transgression or offence of a militia army how to man, whether officer or private, against the rules and regulations of the federal army, the cause shall be tried and determined by a court martial of the militia of this state, and that it shall be in the power of the governor or in case of his absence, of the commanding officer of the militia of this state, to mitigate, suspend or pardon any punishment to which any militia man may be sentenced by a general court martial. ral, &c. to order out troops in time 171. SEC. XII. And be it enacted, &c. That it shall and may be lawful to and for any major general or brigadier general or Major gene- commanding officer of a brigade, or lieutenant colonel commanding or commanding officers of regiments, when, and as often as of invasion any invasion may happen, to order out the militia under their respective commands, for the defence of this state, giving notice of such invasion and every circumstance attending the same, as early as possible to their immediate commanding officer, by whom such information shall be transmitted to the governor or commander in chief, by express, the expense of which shall be immediately paid; and that in cases of insurrection, the commanding officer of the regiment or battalion within the limits of which any such insurrection may happen, shall immediately assemble his regiment or battalion under arms, and having transmitted information thereof to the commanding officer of the |