said, shall forfeit a sum not exceeding forty pounds sterling money.

may as

ber of their

corps, to

tempts of

an enemy,

And be it further enacted by the authority aforesaid, That every commissioned officer in Officers the militia has power, when occasion shall re- semble quire, to assemble, arm and raise any num- any number of men belonging to their respective corps; and if need be, to give notice and call to their suppress aid the officers and men of any adjacent corps, to the atdisperse, suppress, kill, destroy, apprehend, take or subdue any pirate, sea rover, Indian or other enemy, who shall, in a hostile manner hurt or attempt to hurt any of the inhabitants of this state in their persons or possessions, or any company of slaves who shall be met together, or who shall be lurking in any suspected place where they may do mischief; or who shall have absented themselves from the service of their owners; and in case any person liable to bear Penalty in arms, shall, on such occasion, neglect or refuse case of ne to appear, upon notice given by any commissioned officer of the troop or corps to which such person belongs, or appearing, shall not attend and obey the said officer, he shall, for every such neglect or refusal, forfeit the sum of two pounds sterling.

glect.

&c. part of

every com

pany shall remain in

And be it further enacted by the authority In case of aforesaid, That in times of invasion or insurrecti- invasion, on, when it shall be found necessary to march the several regiments, troops or companies, or any of them, out of their proper parishes, counties the respecor districts, one fourth part at least of every tive parcompany in this state, shall stay and remain in visions to the respective parishes and divisions to which which they belong, and shall be formed into patrols, long, and they beunder the command of such officer as the com- be formed missioned officers of the companies shall direct into patand appoint, under whose command respective

ishes or di

rols, &c.

ly, they shall continue until the rest of the com pany shall return to their habitations, and shall be discharged from bearing arms; and the patrol so formed shall be obliged to be on constant duty, and to ride and patrol, and guard the plantations, and keep the slaves within their several parishes and divisions in good order, and shall place proper guards, watches and centinels at proper and convenient places, to give notice of danger, or for the more speedy conveying advice and intelligence to the governor or commander in chief, or any army raised and assembled by Penalty in his command; and in case any person or persons obliged to serve in such patrols, shall refuse or neglect to ride patrol, or to watch, stand centinel, or to keep guard, or shall refuse to obey the lawful commands of any person appointed to command such patrol, every person so offending, shall forfeit any sum not exceeding fifteen pounds sterling money.

case of neglect.

ing those

And be it further enacted by the authority Manner of aforesaid, That in times of invasion, rebellion ascertain- or insurrection, when any person shall receive men who orders to march out of their parish, county, disshall leave trict or division, the captain, or other commandspective ing officer, who shall be present, shall cause the parishes. names of all the persons who are entered, inlist

their re

ed and enrolled in the muster roll of such company, (officers excepted,) to be written down on small scrolls of paper, which shall be folded up and put into a hat, and shall be shaken together, and the clerk or sergeant of the said company, shall draw out of the hat, the names of so many persons as will not exceed three fourth parts of the said company; and the persons whose names shall be so drawn, shall be obliged to march according to such orders as shall be given by the governor of commander in chief, and the rest,

excused,

orders.

lowed.

whose names shall be left in the hat, shall stay in their respective parishes and divisions, and shall do the duty of the patrol as before directed; but No officer no officer of any company shall be excused from shall be marching with the company for which he is ap- unless by pointed, unless by particular orders from the go- particular vernor or commander in chief; and in that case such officer so directed to stay, shall be commanding officer of that part of the company left for the patrol duty. If any person whose name Substiis drawn as aforesaid, and is thereby obliged to tutes almarch out of his parish or division, can provide an able bodied man, (to be approved by the majority of the officers of the company to which such person belongs,) completely armed and furnished according to the directions of this act, every such person shall be permitted and at li berty so to do; and upon producing and sending out such able bodied man in his stead, he shall be excused from going out or marching in person; but nevertheless he shall be obliged to do patrol duty in his district; and in case of disobedience, neglect or refusal to ride in such patrol, he shall be liable to all the pains, penalties and forfeitures inflicted by this act.

&c. arms,

And be it enacted by the authority aforesaid, That in time of an alarm, occasioned by any in- In case of surrection, rebellion or invasion, all field officers, invasion, and captains of every company, are empowered, &c. to be by themslves or their warrants to any inferior impressed. officer or soldier, to impress any arms, ammunition, provisions, horses, waggons, carts, boats, canoes, pettiaugers and vessels, with their furniture, or whatever other thing they shall want or have need of for the service of this state: AppraiseProvided all such things so impressed, be by ment to be the said officers brought before three or more things imindifferent persons, being freeholders, to be ap- pressed.

made of

praised and valued before they be disposed of for the public service; and such valuation and appraisement being made, the officer shall give a receipt for the same if he conveniently can; and the officer is to cause his clerk to enter the same in a book to be kept for that purpose; and the said appraisers shall ascertain any loss or damage that may happen to the things so impressed, or allow a competent hire for the same when returned to the owner, as the case shall require, and shall give such appraisement, under their hands, to the owner, directed to the public treasurers, who are to lay the same before the legislature; and the commanding officer or captain of each company, after such alarm shall be over, and before such company shall be discharged, is to order so many men as he shall think fit, to carry the several things by him impressed, to the respective owners, who, upon re-delivery of the same, shall give a receipt. The officer is likewise empowered to draw on the public treasury for so much money as he shall think the carriage of the said several things deserves.

And be it further enacted by the authority Things aforesaid, That the commanding officer; or comimpressed mander of each company, shall lodge in some to be kept an account convenient and secure place for the public use, all the provisions and ammunition impressed by him, or by virtue of his warrant, that shall remain unexpended after an alarm, and must keep a particular account thereof.

of.

sons of co

And be it further enacted by the authority Free per- aforesaid, That all free negroes and Indians, lour liable (nations of Indians in amity with the state exto do duty cepted,) moors, mulattoes and mustizoes, beas fatigue men and tween the ages of eighteen and forty-five, shall pioneers. be obliged to serve in the said militia as fatigue

nien and pioneers in the several regimental beats 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 by law.

compa

their in

And be it further enacted by the authority aforesaid, That the officers and privates in any Members company of artillery, infantry or cavalry, raised of uniform and uniformed in any militia regiment of this nies substate, by permission of his excellency the go-ject to all fines, &c. vernor, or any lieutenant-colonel or command- imposed ing officer of any regiment, or to be hereafter by law; raised, shall be respectively liable to all the fines and must give thirty and forfeitures imposed by law on the officers days noor privates in any regimental or company beat; tice of and that when any person now actually enrolled, tention to or that shall hereafter be enrolled in any such leave their company, shall be desirous to quit the same, he compashall be obliged to give at least thirty days notice of such intention, and shall be obliged also to enrol himself in the company beat in which he resides, or in some other company of artillery, infantry or cavalry of the regiment to which he belongs, and produce a certificate thereof from the captain or officer commanding such beat or company, before he shall be permitted to leave the uniform company or corps to which he belonged, or be excused from duty therein.

And whereas, The safety of the city of Charleston requires the calling forth at certain times and seasons, one or more companies of the militia of the said city:

nies.

Compa

Be it therefore enacted by the authority nies may aforesaid, That it shall and may be lawful for be sumthe governor or commander in chief for the time mount being, or the major-general of the division, or guard.

moned to