« PreviousContinue »
subject himself to any of the aforesaid penalties, the said court Delinquent " to be impris- martial may at their discretion sentence any delinquent to imoned.
prisonment in the common gaol for a term not exceeding three months; Provided always, that no fine or imprisonment shall be imposed on any delinquent until he shall have been summoned to appear before a court martial, to show cause why such fine or imprisonment should not be imposed.
185. Sec. IX. And be it enacted, &c. That as often as it shall What is suf- happen that any non-commissioned officer or private shall be abficient warn- sent, when any non-commissioned officer shall call to warn him ing to appear
to appear at rendezvous, a notice in writing, signed by such noncommissioned officer and left at the usual place of his abode, shall be deemed a sufficient warning.
186. Sec. X. And be it enacted, &c. That all fines which shall be imposed by virtue of this act, shall be collected in the follow
ing manner: the president of every court martial shall make a How fines list of all the persons fined, designating the company to which thipactose they belong, and the sums imposed as fines on each person, and collected. draw his warrant under his hand and seal, directed to any sheriff
of any district, as the case may be, thereby commanding such sheriff to levy such fine or fines, together with his costs, of the lands, tenements, goods and chattels of such delinquent, and every such sheriff to whom such list and warrant shall be directed and delivered, shall execute the same by levying and collecting the said fines as aforesaid, and shall make return thereof within forty days from the receipt of such warrant, to the president who issued the same, and should the sheriff be able to find no lands, tenements, goods or chattels of which to levy the said fine or fines, then he shall take the body of the said delinquent and commit it to gaol, and there keep it until the said fine or fines shall be paid, or until double the time shall have elapsed for which the delinquent would have served had he joined the militia so ordered out, and the said sheriff shall be entitled to the same fees for collecting the aforesaid fines, and be subject to the same penalties for neglect as are allowed and provided in similar cases.
187. Sec. XI. And be it enacted, &c. That all fines collected Who fines to be paid to as above, shall be paid into the hands of the paymaster of the
regiment to which the delinquents shall respectively belong.
LANCASTER DISTRICT. ACT of Dec. 18, 1813. Pamphlet edit. 52. 188. Sec. II. And be it enacted, &c. That all and each of
the citizens heretofore residing, and continuing to have his or *That part their permanent residence in the territory aforesaid, * at the time of the state of the passing of this act, shall be entitled to and possess all the formerly within the rights, immunities and advantages which the citizens of the preline of North sent district of Lancaster now do or hereafter shall enjoy, and be
in like manner subject to the payment of taxes, and liable to all militia and other duties to which the citizens of the said district of
Lancaster now are or may hereafter be subjected to, or made liable under the laws of this state. · 189. SEC. III. And be it enacted, &c. That there shall be a revision of, and new demarcation of the lines, forming the two New demar
cation of beat beat companies commanded by captains Massey and Moore, and companies. that such parts or portions of the said territory as may be most contiguous, and shall be found most convenient to them, shall be attached to and form a part of one or other of the said company beats, and the inhabitants thereof be liable to all the militia, patrol and other duties, to which the inhabitants of the beats they may respectively be attached to, now are or hereafter may be subjected, by the laws of this state.
Field officers to purchase
LOTTERIES. ACT of Dec. 19, 1809. Pamphlet edit. 36. 190. SEC. VII. And be it enacted, &c. That the field officers of the 7th brigade,* residing within the parishes of St. Philip and *Now the St. Michael, shall have power for the use of the militia of said 4th brigade. parishes, to purchase as much land, not exceeding three hundred acres, as they may deem requisite and sufficient for a parade to ground or place of military exercise ; and they and their suc- land for par.
iade ground. cessors in command may hold the same for ever as a parade ground, for the use of the militia aforesaid, free of taxes; and to aid them in the purchase hereby intended to be made, the said field officers, or a majority of them, shall have liberty to draw one or more lotteries, the profits whereof to be applied in payment of said parade ground, and to no ather purpose, and not to exceed the amount of the said purchase.
ACT of Sept. 24, 1813. Pamphlet edit. 11. 191. Sec. xv. Whereas, Chapman Levy, Francis Blair, William Robinson, Robert Singleton, Joshua English, John Hughson, Wm. Trapp, A. Blanchard, John Parker and Robert Coleman, have prayed for leave to raise a fund, by one or more vamdev ris lotteries, for the purpose of purchasing arms and other munitions file company of war, for the use of the Camden rifle and artillery companies: lottery. Be it enacted, foc. that the said Chapman Levy, Francis Blair, William Robinson, Robert Singleton, Joshua English, John Hughson, Wm. Trapp, A. Blanchard, John Parker and Robert Coleman, be and they are hereby authorised to raise a fund not exceeding five thousand dollars, by establishing and drawing one or more lottery or lotteries, the said fund to be appropriated for the purchase of such arms as may be suitable for actual service for the use of the said Camden rifle and artillery companies.
to draw a
ACT of May 10, 1794. 1 F. L. 309. 192. Sec. ix. And be it enacted, &c. That all sergeants and How sercorporals shall be appointed by the captains of the different geants and companies, and that each and every company created by virtue be appointed.
places of ex
Company to of this act, shall have a place of rendezvous at which they shal. have place of rendezvous. respectively assemble once in every two months, except in
*This part of section're. Charleston, Georgetown and Camden,* where they shall assempealed by A. ble once a month, by companies, for the purpose of training, disA. 16th Dec. 1796, and A. ciplining and improving in martial exercise, and shall not be 1822. require kept at the place of exercise more than one day at a time ; and ing them to that each battalion shall be obliged to rendezvous in like manner parade every two months for the same purpose, not oftener than twice a year, either in When and a
en and battalion or regiment, in such place as the brigadier shall think where regi- proper, and shall not be kept at the place of exercise more than battalions to one day at a time. rendezvous.
ACT of Dec. 19, 1794. 1 F. L. 352. Limits of 193. Sec. Ví. And be it enacted, &c. That each commandercise to be ing officer of a corps when on duty or parade, shall have full fixed by commanding of power and authority to ascertain and fix certain necessary limits ficer
and bounds to their respective parades and places of exercise. (no road in wbich people usually travel or more than one half of any street to be included) within which no spectator shall have a right to enter without liberty from the said commanding officer, and in case any person shall so intrude within the lines of the parade or place of exercise, after being once forbidden, he shall be liable to be confined under guard, during the time of exercise, at the discretion of the commanding officer.
ACT of Dec. 21, 1822. Pamphlet edit. 55. Muster 194. Sec. II. And be it enacted, &c. That the persons residing ground of St. in the parish of St. James', Santee, entitled to vote for company tee company. officers, shall meet at the head of Wigfall's (now Cordes'] cause
way, on the third Monday of January next, for the purpose of electing officers for the companies within said parish, which place is hereby declared to be the muster ground of the said company.
195. Sec. III. And be it enacted, fc. That the eleven mile Muster ground of post on the stage road from Charleston to Georgetown, shall be Christ Church com
the place of meeting of the company within the parish of Christ Church, and an election shall be held at the said place on the third Monday of January next, for the election of officers for the said company.
ACT of Dec. 20, 1823. Pamphlet edit. 59. ground of 20 196. Sec. II. And be it enacted, &c. That the officers comcompany of 19th regt.
manding the 2d company of the 2d battalion of the 19th regiment of South-Carolina militia, shall hereafter hold their company musters at Brown's tavern in St. John's parish, Berkeley.
ACT of Dec. 16, 17972 F. L. 143. Militia of 197. Sec. XVII. And be it enacted, &c. That the militia of ruuster ut Charleston and Georgetown shall be, and they are hereby ex
empted from turning out on company parade oftener than once ostener than in every two months; and the commanding officer of each regi- months. ment throughout the state, shall be authorised, if he see fit, to exempt his men from turning out on parade in the months of July, August and September ; Provided, they turn out not less than six times in the year.
ACT of Dec. 21, 1822. Pamphlet edit. 17. 198. Sec. I. And be it enacted, &c. That from and after the passing of this act, all persons liable to perform militia duty in Militia of the town of Camden, be and they are hereby exempted from Camden. turning out on company parades, oftener than once in two months. (See No. 97.]
OATH. 199. (See Nos. 95, 102, 104, 114.]
ORGANIZATION OF THE MILITIA.
ACT of May 10, 1794. 1 F. L. 305. 200. SEC. 1. Whereas it is necessary to organize the militia of this state, in conformity with the act of congress in that case made and provided,
Be it therefore enacted, &c. That from and immediately af- State divided ter the passing of this act, the whole of this state shall be divided into two divisions, and to each division there shall be a major general; one of which divisions shall comprehend the districts of Charleston, Georgetown, Beaufort, Cheraw, Camden and Orangeburg, except the Dutch Fork, between Saluda and Broad rivers; and the other shall comprehend and include the district of '96, including the Dutch Fork, between Saluda and Broad Into buig. rivers, Washington and Pinckney; and in the first division there ades. shall be five brigades, one for Charleston district (except Colleton county regiment), one for Beaufort and Orangeburg, including Colleton county regiment, one for Georgetown, one for Cheraws, and one for Camden district ; in the second division there shall be four brigades, one for Abbeville and Edgefield counties, one for Laurens and Newbury counties, including the Dutch Fork, one for Washington district, and one for Pinckney district; and, that as soon as the governor or commander in chief of this state shall be informed of the organization and arrangements of the militia regiments of this, agreeable to the provisions made by this act, he be and is hereby authorised and required to issue his proclamation notifying the same, from and immediately after which, the militia commissions of all such persons as shall not be re-elected and confirmed in the rank and grade they may hold under the laws of this state, shall be vacated, but that every person who shall be re-elected and confirmed in such commissioni
as he holds in the militia of this state, shall retain such commission and take rank from the date thereof.
201. Sec. II. And be it enacted, &c. That as soon as the sevBrigades di. vided into" eral brigadier generals are notified by the governor of their regimeins. Ms. election, they shall proceed to divide their respective brigades
into regiments, and that after they have made such division, they Into compa
shall appoint five fit and proper persons in each regiment, whose Juty it shall be to divide the respective regiments into battalions and companies, as nearly as conveniently may be, conformably to the act of congress.
ACT of Dec. 19, 1794. 1 F. L. 347. 202. Sec. 1. Whereas, the law of congress entitled "an act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," directs that each division, brigade and regiment in each state, shall be numbered at the formation thereof, and a record made of the numbers in the adjutant general's office in the state, and when in the field or in service in the state, each division, brigade or regiment, shall respectively take rank according to their numbers, reckoning the first or lowest number, highest in rank; and whereas it is necessary to fix the rank of officers who were chosen to the same
grade by the legislature at their last session or by the people since Rank of di. that period, Be it therefore enacted, &c. that the rank of the visions, big-divisions, brigades and regiments, shall be determined by lot in iments how the following manner, that is to say : that a joint committee of deterinined. both houses shall forthwith cause the words "eastern division"
and the words “ western division" to be respectively written on two pieces of paper, which shall be folded up and put into a bat, and they shall then cause a child under ten years of age, to draw out in their presence, one of the said lots, and that which shall be so drawn shall be the First Division of this state, and the remaining lot shall be the Second Division. And if the eastern division shall be the first drawn, then the brigades and regiments in that division shall have the lowest numbers and the highest rank, and the brigades and regiments in the western division, the highest numbers and the lowest rank. And if the western division be first drawn, then the brigades and regiments in that division shall have the lowest numbers and the highest rank, and the brigades and regiments in the eastern division, the highest numbers and the lowest rank. [The rest of this act altered by A. A. 21st Dec. 1814. See No. 204.]
REPORT of Dec. 19, 1794. 1 F. L. 354. 203. The joint committee of both houses appointed by the legislature for ascertaining the numbers and rank of the divisions, brigades and regiments, and also the rank of officers of similar grade and date of commission throughout the state, having proceeded to the business which they had in charge, as the law directs, report as follows: