Persons to be enroll age of 18.

ed at the

out of the

Charleston, Georgetown and Camden, where they shall assemble once a month, by companies, for the purpose of training, disciplining and improving in martial exercise, and shall not be kept at the place of exercise more than one day at a time; and that each battalion shall be obliged to rendezvous in like manner for the same purpose, not oftener than twice a year, cither in battalion or regiment, in such place as the brigadier shall think proper, and shall not be kept at the place of exercise more than one day at a time.

And be it further enacted by the authority aforesaid, That every captain or commanding officer of a company shall also enrol every citizen who shall from time to time arrive at the age of eighteen years, or come to reside within his beat, and without delay notify such enrolment to such citizen so enrolled, by some noncommissioned officer of the company, who shall be a competent witness to prove such notice; that all disputes that may happen with respect to 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 conceive himself aggrieved, or by any other person belonging to the company, to the lieutenant-colonel or commanding officer of the regiment.

And be it further enacted by the authority Marching aforesaid, That the commander in chief for the state in ca. time being may, in case of invasion or other ses of em- emergency, when he shall judge it necessary, ergency. order out any proportion of the militia of the

state, to march to any part thereof, and continue as long as he may think it necessary; and likewise may, in consequence of an application from the executive of any of the United States,

on an invasion, or an apprehension of an invasion of such state, at his discretion, order any number of the militia, not exceeding one third part thereof, to such state: Provided, That they be not compelled to continue on duty out of this state more than two months at any one time; that whilst in actual service in consequence of Pay when being so called out, they shall receive the same in service. pay and rations, and be subject to the same rules and regulations as the troops of the United States of America: Provided, That upon any transgression or offence of a militia 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 be sentenced by a general court martial.

out in ca

And be it further enacted by the authority aforesaid, That it shall and may be lawful to and Militia to for any major-general, or brigadier-general, or be called commanding officer of a brigade, or lieutenant- ses of incolonel commandant, or commanding officer of vasion. a regiment, when, and as often as 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 insurrections, 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 brigade, and to the major-general of the division, and to the governor or commander in chief, shall proceed to take such measures to suppress such insurrection as to any three of the judges or justices of the county or district in which such insurrection shall happen, shall appear most proper and effectual; and if any person be wounded or disabled while in actual service in opposing any invasion or insurrection, or in suppressing the same, he shall be taken care of and provided for at the public expense, without regard to the rank, such person may hold.

And whereas, It is proper to ascertain the compensation which shall be allowed to the militia when they may hereafter be called out into actual service by order of the executive authority of this state:

Be it further enacted by the authority aforePay of the said, That in future when the militia of this state, militia or any part thereof, shall be called out into serwhen called out in vice within this state, by the authority of the laws to service. thereof, cach commissioned officer shall be entitled to, and shall receive the same pay and rations as are allowed to the officers of the same rank of the federal army by the laws of the United States; That the pay of a sergeant, drum-major, and fife-major, in lieu of all other demands, shall be eight dollars per month; and the pay of a corporal, bugler, trumpeter, drummer and fifer, in lieu of all other demands, shall be seven dollars per month, and the pay of a private, in lieu of all other demands, shall be six dollars and a half per month, besides rations; to be provided for in the tax bill of the year in which the service shall be performed.

when re

quired.

And be it further enacted by the authority aforesaid, That the brigade inspectors, when- Return to ever required by the brigadier-general of the be made brigade, shall make a return of the militia of the brigade to which he belongs, to the said brigadier-general; and the brigadier-general shall, whenever required by the major-general of the division to which he belongs, make a return of the militia of their respective brigades, to the said major-general; and the major-generals shall, whenever required by the governor or commander in chief, make a return of the militia of their respective divisions to the said governor or commander in chief.

and male

And be it further enacted by the authority aforesaid, That every master or other person White apwho hath the power over, government or com- prentices mand of, any white apprentice or man servant, servants shall, at his or their own proper costs and char- to attend ges, furnish and provide every such apprentice musters. or man servant liable to do militia duty, during his servitude, with the arms and accoutrements directed by the aforesaid act of congress; and every master or other person as aforesaid, shall constantly keep such arms and accoutrements as aforesaid for every such apprentice or servant, and shall compel him or them, so compictely armed and accoutred as aforesaid, to attend all musters, trainings and exercises directed by this act; and in case such apprentice or servant shall not appear, or his arms and accoutrements shall be found deficient, the master or other person as aforesaid, having the government of such apprentice or servant, shall, on default made in any of the premises, be subject to the same forfeitures and penalties as are inflicted on other persons made liable by this act to appear and bear arms at exercises, musters and trainings: Pro

No civil

process to be execut

ed on per

sons attending

vided always, That if any such servant as aforesaid, who shall be duly furnished and provided as is before directed, and shall be sent to muster by the master or other person under whose government such servant shall be, shall, of his own accord, and contrary to the will and without the consent of the master, or such other person as aforesaid, neglect to appear at any muster, training or exercise appointed by this act, the master or other person under whose government such servant may be, shall be liable to the penalties by this act inflicted for the default of such servant; and every such servant so offending, shall be obliged to serve his master two weeks for every penalty so paid by his said master or other person; and if any person shall embezzle, sell, or make away with the arms so to be provided for him, he shall be liable to make his master, or other person under whose government he may be, full satisfaction.

And be it further enacted by the authority aforesaid, That no civil officer whatsoever shail, on any pretence, execute any process, (unless for treason, felony or breach of the peace,) on any person whatsoever, at any muster or other musters. time, when such person shall be obliged to bear arms in pursuance of the directions 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 five pounds 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 and registered with the captain of