officers to

lot.

sence, proceed to number the regiments; taking care so to conduct the drawing, that the lowest number of the respective regiments, be given to the lowest number of the respective brigades; and that the brigades highest in number, have the regiments highest in number; and that the rank of the battalions, in their respective regiments, be always determined by the seniority of their respective majors.

And be it further enacted by the authority Rank ofre aforesaid, That all the officers who were elected gimental by the legislature, at their last session, or by the be ascer people since, shall take rank in the following tained by manner, that is to say: if the eastern division shall be the first drawn, all the officers of equal grade and date of commission in that division, shall take rank of all the officers of similar grade and date of commission in the western division; and if the western shall be the first drawn, all the officers of equal grade and date of commission in that division, shall take rank of all the officers of similar grade and date of commission in the eastern division; and all the officers of equal grade and date of commission, of the brigades lowest in number, shall take rank of all the offcers of equal grade and date of commission in the brigades higher in number, in the division to which it belongs; and all the officers of equal grade and date of commission, in the regiments lowest in number, shall take rank of all the officers of equal grade and date of commission in the regiments highest in number, in their respective brigades. And all the officers of equal grade and date of commission in their respective regiments, shall determine their rank in their regiment, by lot, drawn in the presence of the lieutenant-colonel or commanding officer of the regiment; or where the lieutenant-colonel is

dead, and the rank has not been determined between the majors, in the presence of some person to be appointed by the brigadier-general, or in his absence, by the major-general: Provided always, That nothing in this act shall be construed to extend to deprive officers who have been elected to the same grade they held before, from retaining and taking rank agreeably to their old commissions, or to determine the rank of officers in any regiment, where they have already drawn for it.

elected.

And be it further enacted by the authority aforesaid, That when the commission of en- Ensigns, sign is vacant in any company, the men liable how to be to do duty in that company, as well in time of alarm as at common musters, shall elect by ballot, a fit person to fill the vacancy; and the lieutenant-colonel or commanding officer, shall order such election, giving notice on one muster day, in writing; which shall be publicly declared and made known to the company, by the officer commanding the same, and shall be fixed up in some public place upon the muster ground, that the election will be held at the ensuing mus ter; and the captain or commanding officer of the company shall manage the election.

do duty, to

And be it further enacted by the authority aforesaid, That if any person liable to do duty Sergeants at common musters, shall be appointed a serge- refusing to ant, 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.

be fined.

And be it further enacted by the authority aforesaid, That the governor, the major-generals Governor, and brigadier-generals, respectively, as occasion major-gemay require, shall be authorized to appoint one brigadieror two extra aids-de-camp, who shall not be en generals to

nerals and

appoint titled to any other rank or pay than what they are entitled to in the line.

extra aidsde-camp.

mits to be

ed.

And be it further enacted by the authority Parade li- aforesaid, That each commanding officer of a ascertain corps, when on duty or parade, shall have full power and authority to ascertain and fix certain necessary limits and bounds to their respective parades and places of exercise, (no road in which people usually travel, or more than one half the width 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.

to be reco

vered.

And be it further enacted by the authority Fines, how aforesaid, That every fine imposed by this act, or the act, entitled, "An act to organize the militia throughout the state of South-Carolina, in conformity with the act of Congress," or by any future act, shall be recovered in the following manner, that is to say: the officer who presided at the court martial, when any such fine or fines shall be imposed, (excepting fines incurred for misconduct while under arms, which shall be recovered as is directed by said act,) shall issue his warrant, under his hand and seal, directed to some sergeant belonging to the brigade, regiment, battalion, company or troop, to which the offender, according to his rank, may immediately belong, or for want of such sergeant, to such other person as may be appointed by the commanding officer of the regiment, and shall mention therein the amount of the fine or forfeiture, or fincs or forfeitures incurred, and for what default or misconduct, and by what

tourt-martial the same was or were imposed,; and shall thereby command such sergeant or other person to take the body of the defaulter or offender to the nearest gaol, there to be confined until such fine or forfeiture, or fines or forfeitures, together with the gaoler's and sergeant's fees, shall be paid; and every such sergeant, or other person, shall be obliged to execute such warrant, according to the tenor or purport thereof; and all district sheriffs and gaolers, county sheriffs and gaolers, and city sheriffs and gaolers, in this state, are hereby empowered and required to receive the body of any such defaulter or offender, who may be brought to either of them, under any such warrant, and to keep him in safe custody, until the amount specified in the warrant, together with the gaoler's and sergeant's fees, shall be paid; and the sheriff's and gaolers shall be allowed the same fees, in such cases, as are allowed in other cases of commitments, and the sergeant shall be allowed the same fees as constables have for serving summonses, and for commitments for the same amount, or for levying an execution for the same amount. vided always, That 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: And provided also, That no person shall be taken up on any such warrant or execution, if he will immediately pay the amount he is liable for, and the fees due, or produce to the officer sufficient property of his own, to satisfy the same; which, if he shall produce, the officer shall take and dispose of, at public sale, in the same manner as

Pro

oath of fi

delity.

constables make their sales under execution; and after paying the fine or fines due, and the fees that have accrued, he shall return the surplus, if any there be, of the proceeds of the sale, to the said defaulter or offender.

And be it further enacted by the authority Officers to aforesaid, That every officer in the militia shall, take an-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: "I, 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.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

Speaker of the House of Representatives.

In the House of Representatives, December 19, 1794.

THE

HE joint committee of both houses, appointed by the Legislature, for ascertaining the number and rank of the divisions, brigades and regiments; and also the rank of officers of similar grade and dates of commissions throughout the state, having procceded to the business which they had in charge, as the law directs, Report as follows: